Sudhir Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.72776 of 2023 Arising Out of PS. Case No.-440 Year-2023 Thana- RAJIVNAGAR District- Patna ====================================================== SUDHIR KUMAR Son of Sri Nand Kishore Rai R/o Mohalla Rajeev Nagar, Road No. 23, P.S. - Rajeev Nagar, Distt. - Patna ... ... Petitioner/s

Versus

The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Hemendra Prasad Singh, Sr. Adv.

Mr.Kamlesh Prasad Yadav,Adv.

For the Opposite Party/s :

Mr.Abhay Kumar Roy, APP.

Mr. Surya Narayan Kumar, Adv.

====================================================== CORAM: HONOURABLE MR. JUSTICE ANJANI KUMAR SHARAN ORAL ORDER 09-04-2024 Heard learned counsels for the parties.

2. The petitioner apprehends his arrest in a case registered for the offences punishable under Sections 306, 34 of the Indian Penal Code.

3. All the F.I.R. named accused persons including this petitioner are said to have committed murder of the daughter of the informant.

4. It is submitted by learned senior counsel for the petitioner that petitioner is quite innocent and he has committed no offence. No such occurrence as alleged ever took place. He has been falsely implicated in this case due to

Patna High Court CR. MISC. No.72776 of 2023(4) dt.09-04-2024 2/3 ulterior motive. The allegation levelled against the petitioner is totally false and based on concocted facts. The real fact is that the informant's daughter was suffering from H.B.V. for which her treatment was going on continuously and being harassed from her life, she committed suicide. There is no role of the petitioner in the present case. No independent witness has supported the prosecution case. Prior to the alleged occurrence, not a single case was lodged against the petitioner and his family members by the informant's side regarding demand of dowry. Petitioner has no criminal antecedent as mentioned in para-3 of this application.

5. Learned APP for the State as well as learned counsel for the informant opposes the prayer for bail.

6. Having regard to the facts and circumstances of the case, as from perusal of record, it is evident that there is no specific overt act against the petitioner, let the above named petitioner, be released on bail, in the event of his arrest or surrender before the learned Court below within a period of six weeks from today, on furnishing bail bond of Rs. 25,000/- (Rupees Twenty Five Thousand) with two sureties of the like amount each to the satisfaction of the learned Court below where the case is pending/successor Court in connection with

Patna High Court CR. MISC. No.72776 of 2023(4) dt.09-04-2024 3/3 Rajeev Nagar P.S. Case No. 440 of 2023, subject to the condition as laid down under Section 438 (2) of the Cr.P.C. (Anjani Kumar Sharan, J) divyanshi/- U T