Patna High CourtCR. MISC./80551/2023bail granted

Dhanu Kumar @ Dhannu Kumar v. The State Of Bihar

2023-12-15Mr. Justice Chandra Prakash Singh3 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.80551 of 2023 Arising Out of PS. Case No.-223 Year-2022 Thana- CHARPOKHARI District- Bhojpur ====================================================== Dhanu Kumar @ Dhannu Kumar Son Of Jiyodhan Singh Residnet Of VillageMadariha, P.S. - Charpokhari, District - Bhojpur ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Nagendra Upadhyay, Adv.

For the Opposite Party/s :

Mr. Umanath Mishra, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE CHANDRA PRAKASH SINGH ORAL ORDER 15-12-2023 Heard learned counsel for the petitioner and learned A.P.P for the State.

2. The petitioner has preferred this application for grant of regular bail in connection with Charpokhari P.S. Case No. 223 of 2022 dated 01.12.2022 registered for the offences punishable u/ss 341, 323 and 304B of the Indian Penal Code.

3. As per the prosecution case, the petitioner and the co-accused persons are alleged to have committed murder of the informant's sister due to non-fulfillment of demand of dowry.

4. Learned counsel for the petitioner has submitted that the petitioner is innocent and has falsely been implicated in this case. There is general and omnibus allegation against the petitioner. It is further submitted that the petitioner neither

Patna High Court CR. MISC. No.80551 of 2023(2) dt.15-12-2023 2/3 demanded any dowry nor tortured the victim. It is further submitted that as per post-mortem report, the cause of death was asphyxia due to hanging. The petitioner has clean antecedent as stated in para 3 of the bail petition. The petitioner is the husband of the deceased and he is in custody since 10.01.2023.

5. Learned A.P.P. for the State has vehemently opposed the bail petition of the petitioner by submitting that the prayer of bail of the petitioner has already been rejected on merit by this Court vide order dated 27.07.2023 passed in Cr. Misc. No. 43412 of 2023.

6. 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, Ara, Bhojpur in connection with Charpokhari P.S. Case No. 223 of 2022 with the following condition :-

1. 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 cause, his bail bonds

Patna High Court CR. MISC. No.80551 of 2023(2) dt.15-12-2023 3/3 is liable to be cancelled.

The application stands allowed.

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