Dilip Kumar @ Dilip Ray v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.78812 of 2024 Arising Out of PS. Case No.-97 Year-2024 Thana- DIDARGANJ District- Patna ====================================================== DILIP KUMAR @ DILIP RAY S/O DINA RAY RESIDENT OF VILLAGEIN FRONT GALI OF KUMAR PATROL PUMP, DIDARGANJ, P. S.- DIDARGANJ, DISTT.- PATNA ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Jay Ram Prasad, Adv For the Opposite Party/s :

Mr. Binod Kumar, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE CHANDRA SHEKHAR JHA ORAL ORDER 30-07-2025 Heard learned counsel appearing on behalf of the petitioner and learned APP appearing on behalf of the State.

2. The petitioner seeks bail in connection with Didarganj P.S. Case No. 97 of 2024 registered for the offences under Sections 304 (B) & 34 of the Indian Penal Code.

3. The petitioner is named in the F.I.R. and is in custody since 16.03.2024.

4. The allegation against the petitioner is to cause death of daughter of the informant along with other coaccused persons/family members due to non-fulfillment of demand of dowry as raised for cash of Rs. 8 lakhs and one

Patna High Court CR. MISC. No.78812 of 2024(8) dt.30-07-2025 2/3 bullet motorcycle.

5. Learned counsel appearing on behalf of the petitioner submitted that petitioner is a labourer, therefore, demand of bullet motorcycle and cash of Rs. 8 lakhs as dowry appears only to aggravate the allegations, rather wife of petitioner (now deceased) committed suicide out of family disputes and frustration, which is apparent from the postmortem report. It is submitted that viscera of deceased was preserved, which upon forensic examination failed to suggest any poison was administered to her. It is pointed out that with all these facts petitioner remains in custody for about one and half years, where charge still could not framed, therefore, the conclusion of trial is a remote aspect. While concluding the argument it is submitted that petitioner is a man of clean antecedent.

6. Learned APP appearing on behalf of the State, opposes the prayer for bail.

7. In view of aforesaid facts and circumstances as mentioned above and by taking note of fact as wife of petitioner (now deceased), prima-facie appears committed

Patna High Court CR. MISC. No.78812 of 2024(8) dt.30-07-2025 3/3 suicide, where despite custody of one and half years charge could not framed in this case suggesting conclusion of trial, a remote aspect, accordingly above named petitioner, is directed to be released on bail in connection with Didarganj P.S. Case No. 97 of 2024 on furnishing bail bond of Rs.10,000/- (Rupees Ten Thousand) with two sureties of the like amount each to the satisfaction of learned J.M. 1st Class, Patna City, Patna/concerned court, subject to the conditions as mentioned under Section 480(3) of the B.N.S.S. with further conditions:- (i) Accused/Petitioner shall cooperate in the trial and shall be physically present on each and every date before the Trial Court till conclusion of the trial and exemption from physical appearance be allowed by the Trial Court, only on medical ground of the petitioner duly supported by the documents.

(Chandra Shekhar Jha, J.) S.Tripathi/- U T