Jeevan Rajak @ Ramjivan Rajak v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.88242 of 2024 Arising Out of PS. Case No.-37 Year-2023 Thana- NAYAGAON District- Begusarai ====================================================== Jeevan Rajak @ Ramjivan Rajak Son of Baso Rajak Resident of VillageDariyapur, P.S.- Nayagaon, District- Begusarai ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Rahul Singh, Advocate For the Opposite Party/s :
Mr. Yogendra Kumar, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RUDRA PRAKASH MISHRA ORAL ORDER 20-12-2024 Heard learned counsel for the petitioner and learned APP for the State.
2. The petitioner seeks bail in Nayagaon P.S. Case No. 37 of 2023, instituted for the offences punishable under Sections 302, 304(B), 201, 120(B)/34 of the Indian Penal Code.
3. The prosecution case, in short, is that, the petitioner along with other co-accused persons have killed the daughter of the informant due to non-fulfillment of further dowry.
4. Learned counsel for the petitioner submits that the petitioner is innocent and has falsely been implicated in the present case. Learned counsel for the petitioner also submits that the petitioner is father-in-law and he is separate in mess and business from the husband of the deceased. The petitioner has
Patna High Court CR. MISC. No.88242 of 2024(2) dt.20-12-2024 2/2 neither demanded any dowry from the deceased nor ever tortured her physically or mentally. It is next submitted that the husband of the deceased is in judicial custody. The petitioner is in custody since 20.09.2024 and has got no criminal antecedent. Learned counsel for the petitioner further submits that similarly situated co-accused have been granted anticipatory bail by this Court vide order dated 14.05.2024 passed in Cr. Misc. No. 85497 of 2023.
5. Learned APP for the State has vehemently opposed the prayer for grant of bail to the petitioner.
6. Considering the aforesaid facts and circumstances of the case and taking into account the period of custody undergone by the petitioner, this Court is inclined to grant bail to the petitioner.
7. Let the petitioner be released on bail on furnishing bail bonds of Rs. 10,000/- (Rupees Ten Thousand) with two sureties of the like amount each to the satisfaction of Court below/concerned Court in connection with Nayagaon P.S. Case No. 37 of 2023.
(Rudra Prakash Mishra, J) Rajorshi/- U T