Vikash Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.85631 of 2023 Arising Out of PS. Case No.-308 Year-2020 Thana- SONEPUR District- Saran ====================================================== 1.

Vikash Kumar Son of Pasupati Rai @ Amirlal Rai @ Amir Rai R/o vill - Sadhu Gachhi Malichak, P.S. - Sonepur, Distt. - Chapra (Saran) 2.

Subodh Rai Son of Pasupati Rai @ Amirlal Rai @ Amir Rai R/o vill - Sadhu Gachhi Malichak, P.S. - Sonepur, Distt. - Chapra (Saran) 3.

Pasupati Rai @ Amirlal Rai @ Amir Rai Son of Late Paltu Rai R/o vill - Sadhu Gachhi Malichak, P.S. - Sonepur, Distt. - Chapra (Saran) ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Gajendra Kumar Singh For the Opposite Party/s :

Mr.Mukesh Kumar Singh ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL KUMAR PANWAR ORAL ORDER 15-01-2024 Heard learned counsel for the petitioners and learned APP for the State.

The petitioners have prayed for regular bail in a case registered for the offence punishable under sections 304(B), 201/34 of the Indian Penal Code later on charge-sheet has been submitted under Sections 302, 201 and 34 of the IPC. As per FIR, it is a case of dowry death due to nonfulfillment of dowry demand and the petitioners are alleged to in-laws of the deceased.

Patna High Court CR. MISC. No.85631 of 2023(2) dt.15-01-2024 2/3 Learned counsel for the petitioners submits that the petitioners are innocent and have committed no offence. The petitioner No-1 and 2 are brother-in-law of the deceased and the petitioner No-3 is father-in-law of the deceased due to which they have falsely been implicated in the present case. The petitioners have no concern with mess and business of the deceased as well as her husband and were living separately from them. There is no specific allegation against the petitioners and there is no eye-witness of the alleged occurrence. It is further submitted that the husband of the deceased is already in judicial custody. The petitioners have got no criminal antecedent. Moreover, the petitioners surrendered on 27.09.2023, and since then they are languishing in judicial custody.

Learned APP appearing for the state has opposed the prayer of regular bail.

Having heard learned counsel for the parties and considering the facts and circumstances of the case, this court is inclined to enlarge the petitioners on bail. The above named petitioners are directed to be released on bail in connection with Sonepur P.S. Case No. 308 of 2020 on furnishing bail bond of Rs.10,000/- (ten thousand) with two sureties of the

Patna High Court CR. MISC. No.85631 of 2023(2) dt.15-01-2024 3/3 like amount each to the satisfaction of learned CJM, Chhapra at Saran.

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