Karu Goswami v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.72910 of 2022 Arising Out of PS. Case No.-16 Year-2022 Thana- ISHIPUR District- Bhagalpur ====================================================== Karu Goswami Son Of Shanker Goswami R/O Village- Ishipur Barahat, P.S.- Ishipur Barahat, District- Bhagalpur ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Chandrasekhar Sharma For the Opposite Party/s :

Mr.Renu Kumari ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL KUMAR PANWAR ORAL ORDER 23-03-2023 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, 120(B)/34 of the Indian Penal Code.

The prosecution case, in brief, is that the petitioner along with his family members used to torture and assault the informant's sister due to non-fulfillment of dowry demand. It is further alleged that on 18.2.2022, the accused persons with intention to kill informant's sister, poured kerosene oil on and set fire. Thereafter, she was brought to hospital where in course of treatment, she died.

Learned counsel for the petitioner submits that the petitioner is innocent and has committed no offence. The petitioner is brother-in-law (devar) of the deceased due to which

Patna High Court CR. MISC. No.72910 of 2022(2) dt.23-03-2023 2/2 he has falsely been implicated in the present case. The petitioner has no concern mess and business of the deceased as well as her husband and lives separately from them. It is further submitted that the husband of the petitioner is already in custody upon whom, it was his responsibility to keep his wife well. A statement has been made in para-3 of the petition that the petitioner has got no criminal antecedent. Moreover, the petitioner is languishing in judicial custody since 9.7.2022. 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 Ishipur Barahat P.S. Case No. 16 of 2022 on furnishing bail bond of Rs.10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of learned A.C.J.M.-XIII, Bhagalpur. (Sunil Kumar Panwar, J) Amandeep/- U T