Anand Kumar @ Durgesh Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.81050 of 2023 Arising Out of PS. Case No.-265 Year-2023 Thana- NAWANAGAR District- Buxar ====================================================== Anand Kumar @ Durgesh Kumar Son Of Hridya Narayan Singh Resident Of Village- Amirpur Tola, Ps- Nawanagar (Vasudewa Op), Distt- Buxar ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Satyapal Singh For the Opposite Party/s :

Mr. Brajendra Nath Pandey ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL KUMAR PANWAR ORAL ORDER 14-05-2024 Heard learned counsel for the petitioner and learned APP for the State.

2. The petitioner has prayed for regular bail in a case registered for the offence punishable under sections 304(B), 328/34 of the Indian Penal Code.

3. As per prosecution case, the daughter of the informant was married to the petitioner who is alleged to have torture her for non-fulfillment of dowry demand. After her marriage, the petitioner along with co-accused administered poison and killed her.

4. Learned counsel for the petitioner submits that the petitioner is innocent and has committed no offence. The petitioner is husband of the deceased due to which he has falsely been implicated in this case. It is further submitted by supplementary affidavit that the informant (father of the

Patna High Court CR. MISC. No.81050 of 2023(5) dt.14-05-2024 2/2 deceased) is examined as P.W.-2 during trial and he has not supported the prosecution case and deposed in para-3 of his deposition that his daughter was never complaint against the petitioner regarding torture or demand of dowry. He specifically deposed that the marriage was solemnized without dowry and she was living happily with her husband. The informant also filed a compromise petition in this case before learned CJM, Buxar. The petitioner has got no criminal antecedent and he is languishing in judicial custody since 12.7.2023.

5. Learned APP appearing for the state has opposed the prayer of regular bail.

6. Having heard learned counsel for the parties and considering the facts and circumstances of the case as well as custody period, this court is inclined to enlarge the petitioner on bail. The above named petitioner is directed to be released on bail in connection with Nawanagar (Vasudewa OP) P.S. Case No. 265 of 2023 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., Buxar.

(Sunil Kumar Panwar, J) Amandeep/- U T