Raj Kishore Prasad Yadav @ Raj Kishore Rai v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.1152 of 2023 Arising Out of PS. Case No.-84 Year-2022 Thana- PATAHI District- East Champaran ====================================================== 1.
RAJ KISHORE PRASAD YADAV @ RAJ KISHORE RAI SON OF SATYA NARAIN RAI R/O VILL.- RAMPUR MANORATH, P.S.- PATAHI, DISTT.- EAST CHAMPARAN 2.
UPENDRA RAI SON OF RAJ KISHORE PRASAD YADAV@ RAJ KISHORE RAI R/O VILL.- RAMPUR MANORATH, P.S.- PATAHI, DISTT.- EAST CHAMPARAN ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr.Madhurendra Kumar For the Opposite Party/s :
Mr.Ram Naresh Ray ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL KUMAR PANWAR ORAL ORDER 27-03-2023 Heard learned counsel for the petitioner and learned APP for the State.
The petitioner has prayed for regular bail in a case registered for the offence punishable under sections 304B, 34 of the Indian Penal Code.
As per prosecution case, informant alleged that on 21.04.2022 petitioners along with co-accused persons murdered his daughter due to non-fulfillment of dowry demand. Learned counsel for the petitioners submit that the petitioners are innocent and have committed no offence. Petitioners are in-laws of the deceased, merely on the basis of suspicion they have falsely been implicated in this case. From
Patna High Court CR. MISC. No.1152 of 2023(2) dt.27-03-2023 2/2 perusal of impugned order, deceased was suffering from mental disease and on account of her mental disorder she committed suicide. Petitioners have no concern mess and business with the deceased as well as her husband and living separately from both of them. Petitioners have got no criminal antecedent. It is further submitted that the petitioners are languishing in judicial custody since 30.09.2022.
Learned APP appearing for the state has opposed the prayer of regular bail.
Having heard learned counsel for the parties and considering the facts and circumstances of the case as well as judicial custody of this petitioner, this court is inclined to enlarge the petitioner on bail. The above named petitioner is directed to be released on bail in connection with Patahi P.S. Case No. 84 of 2022 on furnishing bail bond of Rs.10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of learned Chief Judicial Magistrate, East Champaran, Motihari.
(Sunil Kumar Panwar, J) Manish/- U T