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Patna High CourtCR. MISC./84776/2023bail granted

Pawan Rai @ Pawan Kumar v. The State Of Bihar

2024-03-19Mr. Justice Sandeep Kumar2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.84776 of 2023 Arising Out of PS. Case No.-321 Year-2021 Thana- DARIYAPUR District- Saran ====================================================== Pawan Rai @ Pawan Kumar Son Of Sheo Pujan Rai Resident Of VillageTarwa Magarpal, P.S. Dariyapur, District- Saran At Chapra ... ... Petitioner

Versus

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

For the Petitioner :

Mr. Udai Shankar Singh, Advocate For the Opposite Party :

Mr. Humayou Ahmad Khan, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE SANDEEP KUMAR ORAL ORDER 19-03-2024 Heard learned counsel for the petitioner and learned APP appearing on behalf of the State.

2.

The petitioner seeks bail in connection with Dariyapur P.S. Case No.321 of 2021 registered for the offence punishable under sections 304-B & 201/34 of the Indian Penal Code.

3.

The petitioner is the husband of the deceased. He is accused of killing his wife.

4.

The petitioner is in custody since 18.06.2023 and he has clean antecedent.

5.

It has been submitted by learned counsel for the petitioner that the petitioner has two children and they are staying with the family of the petitioner.

6.

Considering the aforesaid facts and also the

Patna High Court CR. MISC. No.84776 of 2023(3) dt.19-03-2024 2/2 period of custody of the petitioner, this application is allowed. 7.

Let the petitioner, above named, 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 the learned A.C.J.M.-XII, Saran at Chapra, in connection with Dariyapur P.S. Case No.321 of 2021.

8.

At the time of accepting the bail bonds, the court below will verify the fact whether the children of the petitioners are staying with the family of the petitioner or not. If it is found that they are staying with the family of the petitioner, the bail bonds of the petitioner shall be accepted by the court below. If it is found that the children are not staying with the family of the petitioner, the bail bonds of the petitioner shall not be accepted.

(Sandeep Kumar, J) pawan/- U T