Patna High CourtCR. MISC./80777/2024bail granted

Sunder Rajak @ Shyam Sundar Rajak v. The State Of Bihar

2024-12-06Mr. Justice R. P. Mishra3 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.80777 of 2024 Arising Out of PS. Case No.-103 Year-2024 Thana- SHAMPUR District- Munger ====================================================== Sunder Rajak @ shyam Sundar Rajak S/O Late Thakur Rajak R/O Village - Ghorghat, P.S- Bariyarpur, Dist.- Munger ... ... Petitioner/s

Versus

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

For the Petitioner/s :

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

Mrs. Rita Verma, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RUDRA PRAKASH MISHRA ORAL ORDER 06-12-2024 Heard learned counsel for the petitioner and learned APP for the State.

2. The petitioner seeks bail in Shampur P.S. Case No. 103 of 2024, instituted for the offences punishable under Sections 80, 103, 61(2) and 3(5) of the Bharatiya Nyaya Sanhita, 2023.

3. The prosecution case, in short, is that, the petitioner along with other family members are alleged to have killed the daughter of the informant for non-fulfillment of demand of dowry.

4. Learned counsel for the petitioner submits that the petitioner is innocent and has falsely been implicated in the

Patna High Court CR. MISC. No.80777 of 2024(3) dt.06-12-2024 2/3 present case. No incriminating material has been recovered from the conscious possession of the petitioner. Learned counsel for the petitioner has also submitted that no specific allegation has been attributed against the petitioner. The allegation levelled against the petitioner is general and omnibus in nature. Specific allegation demanding dowry is against husband of the deceased. It is further submitted that the petitioner is not a relative of the deceased, rather he is co-villager of the deceased. The petitioner is in custody since 13.08.2024 and has got one criminal antecedent in which he is on bail. Learned counsel for the petitioner further submits that similarly situated co-accused has been granted regular bail by this Court vide order dated 28.10.2024 passed in Cr. Misc. No. 77854 of 2024.

5. Learned APP for the State has vehemently opposed the prayer for grant of bail to the petitioner.

6. Considering the aforesaid facts and circumstances of the case, taking into account the period of custody undergone by the petitioner and claim based on parity, this Court is inclined to grant bail to the petitioner.

7. Let the petitioner be released on bail on furnishing bail bonds of Rs. 10,000/- (Rupees Ten Thousand) with two sureties of the like amount each to the satisfaction of Court

Patna High Court CR. MISC. No.80777 of 2024(3) dt.06-12-2024 3/3 below/concerned Court in connection with Shampur P.S. Case No. 103 of 2024.

(Rudra Prakash Mishra, J) Rajorshi/- U T