Vikash Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.85129 of 2023 Arising Out of PS. Case No.-285 Year-2022 Thana- TEKARI District- Gaya ====================================================== Vikash Kumar S/O Late Ramjanam Singh R/O Village- Sowal, P.S- Tekari, Distt.- Gaya.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Rajeev Kumar For the Opposite Party/s :

Mr.Syed Ehteshamuddin ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL KUMAR PANWAR ORAL ORDER 03-04-2024 Heard learned counsel for the petitioner and learned APP for the State.

2. The petitioner has prayed for regular bail in a case registered for the offence punishable under sections 304(B), 201 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. The petitioner is the husband of the deceased due to which he has falsely been implicated in this case. No any consistent material has found against the petitioner in respect of causing death of the deceased. Only on the basis of suspicion, he has been dragged in this case. Nothing specific allegation has been

Patna High Court CR. MISC. No.85129 of 2023(4) dt.03-04-2024 2/2 levelled against the petitioner rather general and omnibus allegation has been attributed against him. There is no prior complain in respect of torture, harassment and dowry demand. A statement has been made in para-3 of this petition that the petitioner has got no criminal antecedent. Moreover, the petitioner is languishing in judicial custody since 07.07.2022.

5. Learned APP appearing for the state has 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 after framing of charge if the charge is not framed in connection with Tekari P.S. Case No. 285 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 Additional Sessions Judge 1st, Gaya.

(Sunil Kumar Panwar, J) Shubham/- U T