Kausar Alam @ Kaushar Alam v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.82783 of 2023 Arising Out of PS. Case No.-198 Year-2021 Thana- YADOPUR District- Gopalganj ====================================================== Kausar Alam @ Kaushar Alam Son Of Late Mokhatar Alam @ Mukhtaar Miyan Resident Of Village - Yadopur, Balua Tola, Police Station - Yadopur, District - Gopalganj ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Anant Kumar Mishra For the Opposite Party/s :

Mr.Renu Kumari ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL KUMAR PANWAR ORAL ORDER 02-01-2024 Heard learned counsel for the petitioner, learned APP for the State and learned counsel for the informant.

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

3. It is a case of dowry death of the informant's daughter due to non-fulfillment of dowry demand.

4. Learned counsel for the petitioner submits that the petitioner is innocent and has committed no offence. Petitioner is husband of the deceased due to which he has falsely been implicated in this case. He is not named in FIR rather his name has come during the course of investigation. It is further submitted from para-11 of this petition that the petitioner was

Patna High Court CR. MISC. No.82783 of 2023(2) dt.02-01-2024 2/2 not present at that time when this occurrence took place rather he was in Dubai for his livelihood on the said date. He has no concern with the alleged occurrence. A statement has been made in para-3 of this petition that the petitioner has got no criminal antecedent. Moreover, he is languishing in judicial custody since 25.09.2023.

5. Learned APP appearing for the state and learned counsel for the informant have 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 of the 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 Yadopur P.S. Case No. 198 of 2021 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, Gopalganj. (Sunil Kumar Panwar, J) Shubham/- U T