Kamlesh @ Sailesh @ Kamlesh Kumar @ Shailesh @ Shailesh Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.87090 of 2024 Arising Out of PS. Case No.-125 Year-2024 Thana- BARAULI District- Gopalganj ====================================================== Kamlesh @ Sailesh @ Kamlesh Kumar @ Shailesh @ Shailesh Kumar S/o Late laxmi Prasad @ Late Phaldhari Bhagat R/o Village- Kahla Hajari Tola, P.S- Barauli, District- Gopalganj ... ... Petitioner/s

Versus

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

For the Petitioner/s :

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

Mr.Anish Chandra ====================================================== CORAM: HONOURABLE MR. JUSTICE ANIL KUMAR SINHA ORAL ORDER 13-12-2024

1. Heard learned Counsel for the petitioner and learned Additional Public Prosecutor representing the State.

2. The petitioner seeks regular bail in connection with Sessions Trial No. 629 of 2024, arising out of Barauli Police Station Case No. 125 of 2024, registered for the offences punishable under Section 304-B of the Indian Penal Code.

3. The prosecution case, as per the First Information Report, is that the marriage of the informant's daughter (now, deceased) was solemnized with co-accused Deepak Bhagat on 11.05.2022. At the time of marriage, the informant had given gifts and household articles along with a motorcycle as a dowry. It is alleged that soon after

Patna High Court CR. MISC. No.87090 of 2024(2) dt.13-12-2024 2/3 the marriage, In-laws of the daughter of the informant started demanding Rs. 50,000/- as dowry in order to open a shop and due to non-fulfillment of the said demand, they started assaulting and torturing his daughter. It hs further been alleged that on 17.04.2024, the informant received information that his daughter was killed and when he reached to her matrimonial home, he saw the dead body of her daughter lying on a bed having strangulation mark on her neck. The informant has alleged that the petitioner, along with other co-accused persons, has killed his daughter due to non-fulfillment of the demand of dowry

4. Learned Counsel for the petitioner submits that the petitioner is innocent and has falsely been implicated in this case with ulterior motive. He further submits that the deceased had committed suicide. He further submits that the petitioner is separate in mess and property and has got no concern with the day to day life of the deceased and/or her husband. He further submits that from perusal of the First Information Report, it would be evident that no specific allegation has been leveled against the petitioner, who is the brother-in-law of the deceased. He further

Patna High Court CR. MISC. No.87090 of 2024(2) dt.13-12-2024 3/3 submits that the petitioner is in custody since 26.06.2024.

5. Considering the fact that the petitioner is the brother-inlaw of the deceased and he is in custody since 26.06.2024, I am inclined to grant regular bail to the petitioner.

6. This application is, accordingly, 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 learned 8th Additional Sessions Judge, Gopalganj, in connection with Sessions Trial No. 629 of 2024, arising out of Barauli Police Station Case No. 125 of 2024. (Anil Kumar Sinha, J.) Prabhakar Anand/- U √ T √