Chandra Shekhar Rajak v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.79837 of 2023 Arising Out of PS. Case No.-277 Year-2023 Thana- BELHAR District- Banka ====================================================== CHANDRA SHEKHAR RAJAK SON OF LALAN RAJAK R/O VILLAGEBARAHARA, P.S.- BELHAR, DISTRICT- BANKA ... ... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Ranjan Kumar Jha, Adv.

Mr.Subhash Kumar Jha, Adv.

For the Opposite Party/s :

Mr.Shailendra Kumar, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE NAWNEET KUMAR PANDEY ORAL ORDER 18-07-2024 Heard learned counsel for the petitioner and learned APP for the State.

2. The petitioner seeks bail in Belhar P.S. Case No. 277 of 2023 registered for the offence punishable under Section304B/34 of the Indian Penal Code.

3. It is a case of dowry death. There is allegation against the petitioner who is husband of the deceased that he alongwith his family members committed dowry death of the deceased.

4. Learned counsel for the petitioner has submitted that the petitioner is innocent and he has falsely been implicated in this case. As a matter of fact, the deceased wanted to solemnize her marriage with brother of her brother-in-law

Patna High Court CR. MISC. No.79837 of 2023(8) dt.18-07-2024 2/3 (Bahnoi) but her father was not ready for the same and due to that reason, she committed suicide. The father of the deceased has been examined as P.W. 4 in S.Tr. No. 664 of 2023 and he did not support the prosecution case.

5. Mr. Shailendra Kumar, learned APP has opposed the prayer for bail submitting that as per FSL report, the deceased administered poisonous substance.

6. Considering the aforesaid facts and circumstances, specially the fact that father of the deceased did not support the prosecution case, let the petitioner named above, be released on bail 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, Banka in connection with Belhar P.S. Case No. 277 of 2023 with following conditions: (i) The petitioner shall cooperate with the trial and make himself available as and when required by the court. (ii) The petitioner will appear in the court below on each and every date fixed in the case and if, he fails to do so on two consecutive dates, the learned court below shall be at liberty to cancel the bail bonds of the petitioner.

(Nawneet Kumar Pandey, J) A.K.V.//-

Patna High Court CR. MISC. No.79837 of 2023(8) dt.18-07-2024 3/3 U T