Adarsh Kumar @ Kaju v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.77119 of 2023 Arising Out of PS. Case No.-114 Year-2022 Thana- MAIN P.S. District- Gaya ====================================================== Adarsh Kumar @ Kaju Son Of Late Birendra Sharma @ Birendra Kumar Resident Of Village - Amarsingh Bigha, P.S. - Main And District - Gaya ... ... Petitioner/S

Versus

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

For the Petitioner/s :

Mr.Shivendra Prasad For the Opposite Party/s :

Mr.Anil Prasad Singh ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL KUMAR PANWAR ORAL ORDER 04-12-2023 Heard learned counsel for the petitioner and learned APP for the State.

The petitioner has filed the instant application for grant of regular bail in a case registered for the offences punishable under Sections 302, 201 and 304(B)/34 of the Indian Penal Code.

It is a case of dowry death of informant's grand-daughter by the petitioner and other co-accused persons due to non fulfillment of dowry demand of motorcycle and gold chain.

It is submitted by learned counsel for the petitioner that the petitioner is innocent and being the

Patna High Court CR. MISC. No.77119 of 2023(2) dt.04-12-2023 2/3 husband of the deceased, he has falsely been implicated in the present case. There is no prior complaint of harassment and torture. It is further submitted that deceased was under treatment after pregnancy. Deceased was suffering from past D&C after 3 months pregnancy and died due to cardio respiratory failure after septicemia. Moreover, the petitioner is languishing in judicial custody since 07.02.2023. A statement has been made in para 3 of the petition that petitioner has no criminal antecedent.

Learned APP appearing for the State has vehemently opposed the prayer for Bail.

Having heard learned counsel for the parties and taking into consideration the facts and circumstances of the case as well as period of custody, this Court is inclined to enlarge the petitioner on bail. The above named petitioner is directed to be enlarged on bail in connection with Main P.S. Case No. 114 of 2022 on furnishing bail bond of Rs. 10,000/- (Rupees ten

Patna High Court CR. MISC. No.77119 of 2023(2) dt.04-12-2023 3/3 thousand) with two sureties of the like amount each to the satisfaction of the learned A.C.J.M. II, Gaya. (Sunil Kumar Panwar, J) Nirajkrs/- U T