Chotu Bind @ Chhota Bind v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.72612 of 2023 Arising Out of PS. Case No.-666 Year-2022 Thana- RAHUI District- Nalanda ====================================================== CHOTU BIND @ CHHOTA BIND S/O AKHLESH JAMADAR @ AKHILESH JAMADAR R/O VILLAGE- MAI FARIDA, P.S- RAHUI, DISTT.- NALANDA.

... ... Petitioner/s

Versus

THE STATE OF BIHAR ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Anil Kumar Singh For the Opposite Party/s :

Mr.Murli Dhar ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL KUMAR PANWAR ORAL ORDER 29-11-2023 Heard learned counsel for the petitioner and learned APP for the State.

The petitioner has filed the instant application for grant of regular bail in a case registered for the offences punishable under Sections 304(B)/34 of the Indian Penal Code. Prosecution case relates to commission of murder of the informant's niece due to non-fulfillment of dowry demand. It is submitted by learned counsel for the petitioner that the petitioner is innocent and has committed no offence. Petitioner is the husband of the deceased due to which he has been falsely implicated in this case. There is no prior complain/information regarding torture, misbehave and harassment made against the petitioner. General and omnibus allegation has been levelled against the petitioner and other accused persons. In fact, the deceased herself committed suicide. She was a temperament lady

Patna High Court CR. MISC. No.72612 of 2023(2) dt.29-11-2023 2/2 and she always made altercation in the matrimonial house, she wanted to partition of her old in-laws. It is further submitted that in post-mortem report, doctor opined that cause of death is asphyxia due to hanging. It is also submitted that good sense has already been prevailed between the parties and compromise petition is annexed as Annexure-3 to this petition . A statement has been made in para 3 of the petition that petitioner has no criminal antecedent. Petitioner is languishing in judicial custody since 30.06.2023.

Learned APP appearing for the State has vehemently opposed the prayer for Bail.

Having heard learned counsel for the parties and taking into consideration the facts and circumstances of the case as well as period of custody, this Court is inclined to enlarge the petitioner on bail. The above named petitioner is directed to be enlarged on bail in connection with Rahui P.S. Case No. 666 of 2022 on furnishing bail bond of Rs. 10,000/- (Rupees ten thousand) with two sureties of the like amount each to the satisfaction of the learned Additional Chief Judicial Magistrate-Ist, Nalanda at Biharsharif.

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