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Patna High CourtCR. MISC./73267/2023allowed

Neeraj Kumar v. The State Of Bihar

2024-02-08Mr. Justice Sunil Dutta Mishra2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.73267 of 2023 Arising Out of PS. Case No.-117 Year-2022 Thana- DIDARGANJ District- Patna ====================================================== Neeraj Kumar, Son Of Makru Singh, Resident Of Mohalla- Khaspur, P.S.- Didarganj, District- Patna ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Raj Krishna Jha, Advocate For the Opposite Party/s :

Mr. Ram Naresh Ray, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL DUTTA MISHRA ORAL ORDER 08-02-2024 Heard learned counsel for the petitioner and learned APP for the State.

2. The petitioner seeks regular bail in connection with S.Tr. No. 1374 of 2022 arising out of Didarganj P.S. Case No. 117 of 2022 for the offence registered under Sections 304 (B) of the I.P.C.

3. As per prosecution case, the informant's daughter was married in the year 2021 with the petitioner. Allegation against the petitioner is that due to non-fulfillment of demand of dowry, the daughter of the informant has been killed by the petitioner along with the other co-accused persons.

4. Learned counsel for the petitioner submits that the petitioner is innocent and has been falsely implicated in the present case. He has further submitted that the death of the

Patna High Court CR. MISC. No.73267 of 2023(4) dt.08-02-2024 2/2 victim occurred due to collapse of wall on the daughter of the informant who sustained injuries and died. The informant on the basis of suspicion lodged the case against the petitioner and after realising the fact, he has filed the compromise petition before the court below. Petitioner is in jail custody since 15.05.2022 having no criminal antecedent.

5. Learned counsel appearing on behalf of the State opposes the prayer for grant of bail to the petitioner.

6. Considering the submissions on behalf of the parties and the facts and circumstances of the case, let the petitioner, named above, be enlarged on bail on furnishing bail bond of Rs. 10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of learned concerned court below in S.Tr. No. 1374 of 2022 arising out of P.S. Case No. 117 of 2022.

(Sunil Dutta Mishra, J) khushbu/- U T