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Patna High CourtCR. MISC./76976/2023bail granted

Vikku Kumar Pathak @ Vikku Pathak v. The State Of Bihar

2024-08-22Mr. Justice Chandra Prakash Singh3 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.76976 of 2023 Arising Out of PS. Case No.-84 Year-2023 Thana- SAKURABAD District- Jehanabad ====================================================== VIKKU KUMAR PATHAK @ VIKKU PATHAK S/O MADAN PATHAK R/O VILLAGE- PANDIT PUR, P.S- SHAKURABAD, DISTT.- JEHANABAD.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Nitya Nand Neeraj For the Opposite Party/s :

Mr.Aditya Narayan Singh.1 ====================================================== CORAM: HONOURABLE MR. JUSTICE CHANDRA PRAKASH SINGH ORAL ORDER 22-08-2024 Heard learned counsel for the petitioner and learned A.P.P for the State.

2. This case has been listed under the heading "for orders on office notes".

3. The petitioner has preferred this application for grant of regular bail in connection with Shakurabad P.S. Case No. 84 of 2023 dated 29.04.2023 registered for the offences punishable u/ss 304B, 201 read with section 34 of the Indian Penal Code and later on added section 302 of the IPC.

4. As per the prosecution case, the petitioner and the co-accused persons are alleged to have committed murder of the informant's daughter due to non-fulfillment of demand of dowry and her dead body was burnt.

Patna High Court CR. MISC. No.76976 of 2023(7) dt.22-08-2024 2/3

5. Learned counsel for the petitioner has submitted that the petitioner is innocent and has falsely been implicated in this case. The petitioner is the husband of the deceased. There is general and omnibus allegation against the petitioner. The petitioner neither demanded any dowry nor tortured the deceased. Similarly situated co-accused has already been granted bail by this court vide order dated 06.12.2023 passed in Cr. Misc. No. 74663 of 2023. The petitioner has one criminal antecedent as stated in para 3 of the bail petition. The petitioner is in custody since 14.07.2023.

6. Learned A.P.P. for the State has vehemently opposed the bail petition of the petitioner.

7. Considering the aforesaid facts and circumstances of the case as well as the period of custody, the petitioner abovenamed, is directed to be enlarged on bail on furnishing bail-bond of Rs.20,000/- (Rupees Twenty Thousand) with two sureties of the like amount each to the satisfaction of learned Court concerned, Jehanabad in connection with Shakurabad P.S. Case No. 84 of 2023, with the condition/s-:

(i). The petitioner is directed to remain physically present before the learned Court below on each and every date, failing which on two consecutive dates without reasonable

Patna High Court CR. MISC. No.76976 of 2023(7) dt.22-08-2024 3/3 cause, the bail bond of the petitioner is liable to be cancelled.

8. The application stands allowed.

(Chandra Prakash Singh, J) guddukr/- U T