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Patna High CourtCR. MISC./84950/2023allowed

Krishna Kumar @Krishna Kumar Ray v. The State Of Bihar

2024-01-15Mr. Justice Sunil Kumar Panwar2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.84950 of 2023 Arising Out of PS. Case No.-7 Year-2023 Thana- TARIYANI CHAPRA PS District- Sheohar ====================================================== Krishna Kumar @Krishna Kumar Ray son of Ram Hriday Ray resident of village Kumhrar P.S Tariyani Chhapra District Sheohar ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Rajesh Ranjan For the Opposite Party/s :

Mr.Sanjay Kumar Tiwary Adv. For Informant Mr. Uday Kumar ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL KUMAR PANWAR ORAL ORDER 15-01-2024 Heard learned counsel for the petitioner, learned counsel for the informant and learned APP for the State.

2. The petitioner has prayed for bail in a case registered for the offence punishable under sections 304B, 201 and 34 of the Indian Penal Code.

3. As per allegation in the FIR, accused persons have tortured in various ways to the daughter of the informant due to non-fulfillment of additional dowry demand and ultimately she was being killed by throttling. Petitioner is co-villager of main accused and he supported the accused persons in disposing of the dead body.

4. Learned counsel appearing on behalf of the petitioner has submitted that petitioner is stranger to the family

Patna High Court CR. MISC. No.84950 of 2023(2) dt.15-01-2024 2/2 of the main accused. He has been falsely implicated in this case only because his scorpio vehicle was used in carrying the dead body. Dead body of deceased was found on the bank of Bagmati river and postmortem was also done. Thus allegation of Section 201 IPC is not applicable. He has no role in torturing or killing the deceased for dowry demand. The sole responsibility to take care of wife is upon husband. Husband of the deceased is already in jail. Petitioner is a man of clean antecedent and languishing in judicial custody since 10.10.2023.

5. The application for bail is opposed by learned APP for the State.

6. Having heard learned counsel for the parties and considering the facts and circumstances of the case, this court is inclined to enlarge the petitioner on bail. The above named petitioner is directed to be enlarged on bail on furnishing bail bond of Rs. 10,000/- (Rs. ten thousand only) with two sureties of the like amount each to the satisfaction of the learned A.C.J.M. 1st Sheohar in connection with Tariyani Chhapra P.S. Case No. 07 of 2023.

(Sunil Kumar Panwar, J) sushma/- U