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Patna High Court/73924/2022allowed

Abhishek Kumar @ Bittu v. The State Of Bihar

2023-04-19Mr. Justice Sunil Kumar Panwar3 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.73924 of 2022 Arising Out of PS. Case No.-82 Year-2022 Thana- INDUSTRIAL District- Bhagalpur ====================================================== Abhishek Kumar @ Bittu Son Of Ranu Pandit R/O Village - Jiyauddinpur Chouka But Alleged R/O- Navtolia Chowk, P.S.- Industrial Area, District - Bhagalpur.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Rajesh Kumar For the Opposite Party/s :

Mr.Anil Kumar ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL KUMAR PANWAR ORAL ORDER 19-04-2023 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 302/34 of the Indian Penal Code.

As per prosecution case, informant alleged that on 08.05.2022, he got information that his daughter was killed by the petitioner along with co-accused persons. Learned counsel for the petitioner submits that the petitioner is innocent and has committed no offence. Petitioner is husband of the deceased due to which he has falsely been implicated in this case. There is no prior

Patna High Court CR. MISC. No.73924 of 2022(3) dt.19-04-2023 2/3 complaint has been alleged against the petitioner nor any dowry demand and torture has been alleged against him. As per post-mortem report doctor opined cause of death due to asphyxia and venous congestion due to pressure and compression on neck by a ligature material i.e. ante mortem hanging. He has got no criminal antecedent. It is further submitted that the petitioner is languishing in judicial custody since 09.05.2022.

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 judicial custody, this court is inclined to enlarge the petitioner on bail. The above named petitioner is directed to be released on bail in connection with Industrial Area P.S. Case No. 82 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 C.J.M., Bhagalpur. (Sunil Kumar Panwar, J) Manish/- U T

Patna High Court CR. MISC. No.73924 of 2022(3) dt.19-04-2023 3/3