Rakesh Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.82690 of 2023 Arising Out of PS. Case No.-229 Year-2023 Thana- LAKHISARAI District- Lakhisarai ====================================================== Rakesh Kumar Son Of Raghunandan Ram R/O Mohalla- Kabaiya Road, Ward No. 32, P.S.- Lakhisarai (Kabaiya), Dist.- Lakhisarai ... ... Petitioner/s

Versus

The State Of Bihar Patna ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

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

Mr.Ram Bilash Roy Raman, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE DR. ANSHUMAN ORAL ORDER 07-03-2024 Heard learned counsel for the petitioner and learned A.P.P. for the State.

2. The petitioner seeks regular bail in connection with Lakhisarai (Kabaiya) P.S. Case No. 229/2023 lodged on 24.03.2023 under Sections 498A, 306, 304B/34 of the Indian Penal Code.

3. As per the prosecution case, the FIR has been lodged against two named accused persons other than the petitioner. The accusation is of killing the daughter of the informant for nonfulfillment of dowry demand.

4. Learned counsel for the petitioner submits that the petitioner is innocent and has committed no offence. The petitioner's name is not there in the accused column of the FIR. The informant alleged that the marriage of his daughter was solemnized with the petitioner, but thereafter, the mother and elder brother of the petitioner used to torture her. The petitioner is in

Patna High Court CR. MISC. No.82690 of 2023(4) dt.07-03-2024 2/2 custody since 12.05.2023 having no criminal antecedent. He further submits that it is not a case of killing rather it is a case of suicide.

5. Learned counsel for the State opposes the prayer for bail and submits that Section 304B of the Indian Penal Code has been added in the present case and it is the duty of the petitioner being the husband of the victim to look after his wife. Moreover, the dead body of the victim has been recovered from the house of the petitioner.

6. Upon specific query from the counsel for the petitioner whether the charge has been framed or not, learned counsel for the petitioner submits that he is not aware about the fact whether the charge has been framed or not.

7. In the present facts and circumstances of this case and the submissions made above, let the petitioner above named be released on bail, but only after framing of charge, if not framed, on furnishing bail bonds of Rs.30,000/- (Rupees Thirty thousand) with two sureties of the like amount each to the satisfaction of CJM, Lakhisarai , subject to the conditions as laid down under Section 437(3) of the Code of Criminal Procedure. (Dr. Anshuman, J) Ashwini/- U T