Patna High CourtCR. MISC./75292/2023bail granted

Sunil Kumar v. The State Of Bihar

2024-02-27Mr. Justice Ramesh Chand Malviya2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.75292 of 2023 Arising Out of PS. Case No.-289 Year-2023 Thana- KARPI District- Jehanabad ====================================================== Sunil Kumar, Male, aged about 31 years, Son of Rajdev Yadav, Resident of Village- Prayag Bigha, P.S. Karpi (Shahar Telpa), District- Arwal. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Anuj Kumar, Advocate For the Opposite Party/s :

Mr. Shyameshwar Dayal, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RAMESH CHAND MALVIYA ORAL ORDER 27-02-2024 Heard learned counsel for the petitioner and learned APP for the State.

2. The petitioner seeks bail in connection with Karpi (Shahar Telpa) PS Case No. 289 of 2023 instituted for the offences punishable under Sections 302, 304-B, 201/34 of the Indian Penal Code.

3. As per the prosecution case, it is a case of dowry death due to non-fulfillment of demand of dowry by the accused persons.

4. Learned counsel for the petitioner submits that the petitioner is innocent and has committed no offence and has falsely been implicated in this case. There is no eye witness of the alleged occurrence and petitioner is the friend of the deceased husband.

Patna High Court CR. MISC. No.75292 of 2023(3) dt.27-02-2024 2/2

5. Learned APP opposes the prayer for bail.

6. From perusal of the FIR, case diary, postmortem report and impugned order of the learned Additional District and Sessions Judge-III, Jehanabad dated 06.10.2023, it appears that petitioner is named in the FIR. FIR has been registered under Sections 302, 304B, 201/34 of the Indian Penal Code against two persons including the petitioner on the basis of fardbeyan of the infromant Amit Kumar Ranjan (brother of the deceased). From perusal of the case diary in para 19 of the confessional statement of Vimlesh Kumar @ Vikash Kumar that he confessed the murdered of his wife and there is no role of the petitioner for committing the murder of the deceased. Petitioner is in custody since 10.08.2023, accordingly the prayer for bail of the petitioner is allowed. Let the petitioner above named be released on bail on furnishing bail bonds of Rs. 10,000/- (Ten Thousand) with two sureties of the like amount each to the satisfaction of the learned A.C.J.M.-III, Arwal in connection with Karpi (Shahar Telpa) PS Case No. 289 of 2023. (Ramesh Chand Malviya, J) Anand Kr.

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