Shri Kant Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.73226 of 2023 Arising Out of PS. Case No.-304 Year-2023 Thana- ATRI District- Gaya ====================================================== SHRI KANT KUMAR Son of Krishna Yadav Resident of Village - Pali, P.S.- Atri, District - Gaya.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Shivendra Prasad, Advocate For the Opposite Party/s :

Mr.Sanjay Kumar Singh, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE SANDEEP KUMAR ORAL ORDER 27-02-2024 Heard the learned counsel for the petitioner and learned APP for the State.

2. The petitioner seeks regular bail in a case registered for the offence under Sections 304B, 201/34 of the Indian Penal Code.

3. As per the prosecution case, petitioner is said to have killed the deceased for demand of dowry.

4. Learned counsel for the petitioner submits that petitioner has two minor children who are staying with the family of the petitioner and there is no progress in the trial. Petitioner is in custody since 10.07.2023.

5. Learned A.P.P. has vehemently opposed the prayer for bail.

6. Considering the aforesaid facts and

Patna High Court CR. MISC. No.73226 of 2023(3) dt.27-02-2024 2/2 circumstances, this application for regular bail is allowed.

7. Let the petitioner, above named, be released on bail on furnishing bail bond of Rs. 10,000/- (Ten Thousand) with two sureties of the like amount each to the satisfaction of the learned C.J.M., Gaya/concerned Court below in connection with Atri P.S. Case No. 304 of 2023 subject to condition that:- 7(i). At the time of accepting the bail bond of the petitioner, the court below will verify the fact as to whether the children are staying with the family of the petitioner or not. If the children are staying with the family of the petitioner then the bail bond of the petitioner shall be accepted by the Court below and if the children are not staying with the family of the petitioner then the bail bond of the petitioner shall not be accepted.

(Sandeep Kumar, J) Shishir/- U T