Shailendra Prasad @ Bhukhari v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.71744 of 2023 Arising Out of PS. Case No.-278 Year-2022 Thana- EKANGARSARAI District- Nalanda ====================================================== Shailendra Prasad @ Bhukhari Son Of Late Binda Prasad Resident Of Village - Ruchanpura, P.S. - Ekangar Sarai, District - Nalanda ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Shyamal Prakash, Advocate For the Opposite Party/s :
Ms. Sharda Kumari, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL DUTTA MISHRA ORAL ORDER 07-02-2024 Learned counsel for the petitioner is permitted to make correction in the address of the petitioner in the Cause title of the petititon.
Heard learned counsel for the petitioner and learned APP for the State.
2. The petitioner seeks regular bail in connection with Sessions Trial Case No. 176 of 2023 arising out of Ekanger Sarai P.S. Case No. 278 of 2022, registered for the offences punishable under Sections 304(B), 201 and 34 of the Indian Penal Code.
3. As per the prosecution case, co-accused Ranjeet Kumar along with other co-accused persons committed murder of daughter of informant due to non-fulfillment of dowry demand.
Patna High Court CR. MISC. No.71744 of 2023(4) dt.07-02-2024 2/3
4. Learned counsel for the petitioner submits that the petitioner is innocent and has been falsely implicated in this case. He further submits that the petitioner is not named accused in the FIR however he has been apprehended on the basis of CDR of the mobile of the petitioner and he has confessed his guilt that dead body of the deceased was taken by the petitioner on his rented tempo due to threat of the co-accused/husband of the deceased. He also submits that petitioner has no concern with the matrimonial life of the deceased and her husband. He further submits that charge-sheet has already been submitted in this case against the petitioner and there is no chance of absconding or tampering with the evidence. He also submits that the petitioner has no criminal antecedent and he is in jail custody since 01.12.2022.
5. Learned APP for the State has opposed the prayer for regular bail of the petitioner.
6. Considering the facts and circumstances of the case and the submissions of learned counsel for the parties and period of custody, let the petitioner, above named, be released on bail on furnishing bail bonds of Rs.10,000/- (Rupees Ten Thousand) with two sureties of the like amount each to the satisfaction of learned Additional Sessions Judge-3rd, Hilsa
Patna High Court CR. MISC. No.71744 of 2023(4) dt.07-02-2024 3/3 (Nalanda) or Concerned Court Below in connection with Sessions Trial Case No. 176 of 2023 arising out of Ekanger Sarai P.S. Case No. 278 of 2022.
(Sunil Dutta Mishra, J) ashishkr/- U T