Rohit Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.73325 of 2023 Arising Out of PS. Case No.-366 Year-2023 Thana- MALSALAMI District- Patna ====================================================== Rohit Kumar S/O- Kanchan Mahto R/O- Village- Chhoti Nagla, Brahmsthan, P.S.- Malsalami, Dist.- Patna.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Rudra Deo, Advocate For the State :

Mr. Arun Kumar Singh, APP For the Informant : Mr. Rahul Kumar, Advocate ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL DUTTA MISHRA ORAL ORDER 08-02-2024 Heard learned counsel for the petitioner, learned A.P.P. for the State and learned counsel for the informant.

2. The petitioner seeks regular bail in connection with Malsalami P.S. Case No.366 of 2023 registered under Sections 304B/34 of the I.P.C.

3. As per prosecution case, the daughter of the informant, who was married to the petitioner, was subjected to torture by the petitioner and his family members for nonfulfillment of demand of dowry and ultimately they killed her.

4. Learned counsel for the petitioner submits that the petitioner is innocent and has been falsely implicated in this case. The deceased (victim) was suffering from disease of G.B. Stone and she was treated in AIIMS, Patna and in private hospital as well as in P.M.C.H. but she died in O.T. of P.M.C.H., Patna. In postmortem report, no ante-mortem injury was found.

Patna High Court CR. MISC. No.73325 of 2023(3) dt.08-02-2024 2/2 The petitioner is in custody since 26.05.2023 having clean antecedent. The charge sheet has already been submitted. There is no chance of absconding or tampering with the evidence by the petitioner.

5. Learned A.P.P. for the State and learned counsel for the informant oppose the prayer for bail of the petitioner.

6. Having considered the facts and circumstances of the case, submissions of the parties and the period of custody, let the above named petitioner be released on bail on furnishing bail bond of Rs.10,000/- (rupees ten thousand) with two sureties of the like amount each to the satisfaction of J.M. 1st, Class, Patna City, Patna in connection with Malsalami P.S. Case No.366 of 2023 subject to the condition that: (i) The petitioner shall co-operate in the trial and shall be properly represented on each and every date fixed by the Court below and shall remain physically present as directed by the Court below and on his absence on two consecutive dates without sufficient reason, his bail bond shall be cancelled by the Court below.

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