← Library
Patna High CourtCR. MISC./78440/2023allowed

Sudhir Kumar @ Sudheer Raut @ Sudhir Prasad v. The State Of Bihar

2024-02-29Mr. Justice Sunil Kumar Panwar2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.78440 of 2023 Arising Out of PS. Case No.-230 Year-2023 Thana- DAUDPUR District- Saran ====================================================== Sudhir Kumar @ Sudheer Raut @ Sudhir Prasad S/O Lalan Prasad @ Lalan Raut Resident Of Khararahia Ps. Daudpur, Saran, Bihar, Pin-841205 ... ... Petitioner/S

Versus

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

For the Petitioner/s :

Mr.Venkatesh Kirti For the Opposite Party/s :

Mr.Anish Chandra ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL KUMAR PANWAR ORAL ORDER 29-02-2024 Heard learned counsel for the petitioner and learned APP for the State.

The petitioner has prayed for regular bail in a case registered for the offence punishable under sections 304B of the Indian Penal Code.

As per FIR, it is a case of dowry death due to nonfulfillment of dowry demand. Learned counsel for the petitioner submits that the petitioner is innocent and has committed no offence. The petitioner is husband of the deceased and due to which he has falsely been implicated in this present case. There is no prior complaint of torture and assaulting levelled against the petitioner. As per Supplementary Affidavit, witnesses examined in trial have not supported the prosecution version, and mother

Patna High Court CR. MISC. No.78440 of 2023(3) dt.29-02-2024 2/2 of the deceased/informant has also stated that her daughter was suffering from mental illness and due to which she committed suicide. It is further submitted that the petitioner has got no criminal antecedent. Moreover, he is languishing in judicial custody since 09.08.2023.

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

Having heard learned counsel for the parties and considering the facts and circumstances of the case as well as custody of the petitioner, this court is inclined to enlarge the petitioner on bail. The above named petitioner is directed to be released on bail in connection with Saran P.S. Case No. 230 of 2023 on furnishing bail bond of Rs.10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of learned Additional District and Sessions Judge-IX, Saran at Chapra.

(Sunil Kumar Panwar, J) Manishkr/- U T