Bijendra Thakur v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.88913 of 2024 Arising Out of PS. Case No.-151 Year-2024 Thana- PANAPUR District- Saran ====================================================== Bijendra Thakur S/o- Yogendra Thakur, Resident of village- Bhoraha, Police Station-Panapur District- Saran ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Ms. Mili Kumari, Advocate For the State :
Mr. Binod Kumar No.3, APP For the Informant :
Mr. Manjeet Kumar Mishra, Advocate ====================================================== CORAM: HONOURABLE MR. JUSTICE SHAILENDRA SINGH ORAL ORDER 31-01-2025 Heard Ms. Mili Kumari, learned counsel for the petitioner, Mr. Manjeet Kumar Mishra, learned counsel for the informant and Mr. Binod Kumar No.3, learned APP for the State.
2. Petitioner seeks regular bail in connection with Panapur P.S. Case No. 151 of 2024, dated 05.05.2024 registered for the offence punishable under Section 304 B read with Section 34 of the Indian Penal Code.
3. The main submissions advanced by petitioner's counsel are that the petitioner is the husband of the deceased, as per the prosecution's allegation, the petitioner and his family members committed dowry death of the deceased but in fact, the deceased committed suicide and as per the postmortem report of the deceased, only a ligature mark between her chin and neck
Patna High Court CR. MISC. No.88913 of 2024(3) dt.31-01-2025 2/3 was found and no any external injury on her body except the said ligature mark was found and against this petitioner, investigation has been completed and his trial has started and upon him the charges have been framed on 17.12.2024 and the case is running for prosecution's evidence. It is further submitted that one co-accused namely, Yogendra Thakur, who is the father of this petitioner, has been granted anticipatory bail by this Bench vide order dated 08.10.2024 passed in Cr. Misc. No. 66590 of 2024 and while granting relief to the said co-accused, this Court took into account the cause of death opined by the medical expert in the postmortem report.
4. Learned counsel appearing for the informant has vehemently opposed the bail prayer of the petitioner and submits that petitioner is the husband of the deceased and the deceased was killed by the accused by strangulating and the body of the deceased was found on the bed which in itself falsifies the petitioner's defence as to deceased having committed suicide.
5. Considering the facts and circumstances of this case as well as the cause of death of the deceased mentioned in the postmortem report coupled with this fact that the trial of the petitioner has started and charges have been framed upon him
Patna High Court CR. MISC. No.88913 of 2024(3) dt.31-01-2025 3/3 and he has been languishing in jail since 06.05.2024, in my opinion, it is a fit case for bail to the petitioner. Accordingly, let the petitioner named-above be enlarged on bail on furnishing bail bond of Rs. 20,000/- (Rupees Twenty Thousand) with two sureties of the like amount each to the satisfaction of the concerned Court in connection with Panapur P.S. Case No. 151 of 2024.
(Shailendra Singh, J) maynaz/- U T