Patna High CourtCR. MISC./1642/2024bail granted

Raja Kumar v. The State Of Bihar

2024-01-18Mr. Justice Sandeep Kumar2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.1642 of 2024 Arising Out of PS. Case No.-354 Year-2022 Thana- AHIYAPUR District- Muzaffarpur ====================================================== RAJA KUMAR S/O- LALBABUSAHNI R/O VILL- KOLHUA PAGUMBARPUR, PS- AHIYAPUR, DIST- MUZAFFARPUR. ... ... Petitioner/s

Versus

THE STATE OF BIHAR PATNA 2.

CHAMPA DEVI W/O- KRISHNA SAHANI R/O- VILLTARWAMAJHALIYA, PS- PARU, DIST- MUZAFFARPUR. ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Anil Kumar For the Opposite Party/s :

Mr.Prem Kumar Jha ====================================================== CORAM: HONOURABLE MR. JUSTICE SANDEEP KUMAR ORAL ORDER 18-01-2024 Heard learned counsel for the petitioner and learned APP for the State.

2. The petitioner seeks bail in connection with Sessions Trial No. 398 of 2023 arising out of Ahiyapur P.S. Case No. 354 of 2022 registered for the offence under Section 304(B), 406, 201, 498(A) of the Indian Penal Code and under Section 3⁄4 of the Dowry Prohibition Act.

3. As per the prosecution case, the petitioner is alleged of killing his wife.

4. Learned counsel for the petitioner submits that the petitioner is innocent and has falsely been implicated in this case and relying on the medical reports annexed with the petitioner he further submits that the deceased died after

Patna High Court CR. MISC. No.1642 of 2024(2) dt.18-01-2024 2/2 delivery and was cremated in the presence of her father and others.

5. It is also submitted by the learned counsel for the petitioner that the petitioner is in jail since 03.03.2023.

6. Learned APP for the State vehemently opposed the prayer of the petitioner for grant of bail.

7. Considering the aforesaid facts and the period of custody, this application is allowed.

8. 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 Additional Sessions Judge-I, Muzaffarpur in connection with Sessions Trial No. 398 of 2023 arising out of Ahiyapur P.S. Case No. 354 of 2022.

9. As a condition of this order, the petitioner, after being released on bail is directed to co-operate in the trial either by appearing personally or through his lawyer in the trial Court on the dates fixed for hearing.

(Sandeep Kumar, J) Vikas/- U T