Shailesh Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.72188 of 2022 Arising Out of PS. Case No.-384 Year-2020 Thana- HAJIPUR SADAR District- Vaishali ====================================================== SHAILESH KUMAR S/O Mahesh Rai R/O Gadai Sarai, P.S- Hajipur Sadar, District- Vaishali ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Amresh Kumar Sinha, Advocate For the Opposite Party/s :

Mr.Amitesh Kumar, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE CHANDRA SHEKHAR JHA ORAL ORDER 05-04-2023 Heard learned counsel appearing on behalf of the petitioner and learned APP appearing on behalf of the State. Let the defect(s), if any, be removed within a period of four weeks from today.

The petitioner seeks bail in connection with Hajipur Sadar P.S. Case No. 384 of 2020 registered for the offence under Sections 304(B), 201, 120(B) of the Indian Penal Code. The accused/petitioner is named in the F.I.R. and is in custody since 30.09.2022.

The allegation against the petitioner is to cause death of sister of the informant, along with other family members/coaccused persons, due to non fulfilment of demand of dowry as

Patna High Court CR. MISC. No.72188 of 2022(2) dt.05-04-2023 2/3 raised for cash of Rs. 5 lakh.

Learned counsel appearing on behalf of the petitioner submitted that the thrust of allegation is available against the husband of the deceased, who is in custody. It is pointed out that petitioner is brother-in-law and having no connections with daily and domestic affairs of the deceased and her husband where implication appears only for the reason that he is brother of the main co-accused. While concluding the argument, it is submitted that petitioner is a man of clean antecedent and, moreover, investigation of this case is completed, for which, charge-sheet has submitted, as such, there is no chance of tampering with the evidence.

Learned APP opposes the prayer of bail.

In view of the facts and circumstances as mentioned above, as petitioner is in-laws, where thrust of allegation is available against husband of the deceased coupled with the fact that charge-sheet has already submitted, let the petitioner, above named, is directed to be released on bail in connection with Hajipur Sadar P.S. Case No. 384 of 2020 on furnishing bail bond of Rs.10,000/- (Rupees Ten Thousand) with two sureties of the like amount each to the satisfaction of learned Chife Judicial Magistrate, Vaishali at Hajipur/concerned Court, subject

Patna High Court CR. MISC. No.72188 of 2022(2) dt.05-04-2023 3/3 to the conditions as laid down u/s 437(3) of the Cr.P.C. (Chandra Shekhar Jha, J) R.S.Sen/- U T