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Patna High CourtCR. MISC./73639/2024allowed

Rajnish Kumar v. The State Of Bihar

2025-01-20Mr. Justice Ashok Kumar Pandey3 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.73639 of 2024 Arising Out of PS. Case No.-383 Year-2024 Thana- BIHTA District- Patna ====================================================== Rajnish Kumar Son of Late Satyendra Yadav R/O Vill.- Kehlanpur Lae @ Kelhanpur, P.S.- Bihta, Dist.- Patna.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Madan Mohan, Advocate For the Opposite Party/s :

Mr.Md. Shakir Ahmad, APP For the Informant :

Mr. Ranjan Kumar, Advocate ====================================================== CORAM: HONOURABLE MR. JUSTICE ASHOK KUMAR PANDEY ORAL ORDER 20-01-2025 Heard learned counsel for the petitioner, Informant and learned APP for the State.

2. The petitioner has prayed for regular bail in a case registered for the offence punishable under sections 304(B) and 201/34 of the Indian Penal Code and Section 3⁄4 of the Dowry Prohibition Act.

3. The case of the prosecution is that sister of the informant, Sony Kumari was married to one Dheeraj Kumar on 23.04.2022. It is further alleged that Dheeraj Kumar and his family members were demanding Rs. 10 lakhs and one 'katha' of land. When the informant and his family members denied to pay the same, his sister was killed and her dead body was concealed. The informant came to know about this from one

Patna High Court CR. MISC. No.73639 of 2024(3) dt.20-01-2025 2/3 Pritam Kumar. The informant along with family members went to the matrimonial house of the deceased. It is further alleged that all the family members including the petitioner had killed the sister of the informant.

4. Learned counsel for the petitioner submits that petitioner is innocent and has falsely been implicated in connection with the present case. During the course of argument, learned counsel for the petitioner submits that the petitioner is brother-in-law of the deceased, he is not the family members, his residence is not in the same village and from perusal of the case diary, it appears that no specific role has been attributed to him by the witnesses examined under Section 161 of the Cr.P.C. Moreover, the petitioner is languishing in judicial custody since 17.05.2024 having no criminal antecedent.

5. Learned APP appearing for the state has opposed the prayer of regular bail.

6. Considering the aforesaid facts and circumstances of the case, this court is inclined to enlarge the petitioner on bail. The above named petitioner is directed to be released on bail in connection with Bihta P.S. Case No. 383 of 2024 on furnishing bail bond of Rs.10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of learned

Patna High Court CR. MISC. No.73639 of 2024(3) dt.20-01-2025 3/3 Additional Chief Judicial Magistrate-1st, Danapur. (Ashok Kumar Pandey, J) Jagdish/- U T