Allowed

Rahul Singh @ Rahul Kumar v. The State of Bihar

Patna HC25 Apr 2023CR. MISC./3024/2023

Case brief

AI extract

What is this about?

In a bail application arising from a dowry death case under IPC 304(B) read with Section 34, the single Judge of the Patna High Court, while hearing competing submissions, was inclined to enlarge the petitioner on bail subject to conditions. The court directed the petitioner to furnish a bond.

What did the court decide?

Petitioner to be enlarged on bail with a bond of Rs. 10,000/- and two sureties of the same amount.

Rahul Singh @ Rahul Kumar Vs The State of Bihar — Dowry and Cruelty | Patna HC (2023)

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IN THE HIGH COURT OF JUDICATURE AT PATNA CRIMINAL MISCELLANEOUS No.3024 of 2023

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Arising Out of PS. Case No.-153 Year-2022 Thana- ALOULI District- Khagaria

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======================================================

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Rahul Singh @ Rahul Kumar S/O Late Musharu Singh Resident Of VillageIcharua, P.S.- Alauli, District- Khagaria.

... ... Petitioner/S

Versus

The State Of Bihar

... ... Opposite Party/s

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====================================================== Appearance : For the Petitioner/s : Mr.Binod Kumar For the Opposite Party/s : Mr.Shyameshwar Dayal ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL KUMAR PANWAR ORAL ORDER

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3 25-04-2023 Heard learned counsel for the petitioner, learned

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counsel for the informant and learned APP for the State .

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The petitioner has filed the instant application

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for grant of regular bail in a case registered for the offences punishable under Sections 304(B)/34 of the Indian Penal Code.

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It is a case of dowry death due to non fulfillment of dowry demand.

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It is submitted by learned counsel for the petitioner that the petitioner is innocent and petitioner

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being the husband of deceased has falsely been implicated in the present case. It is further submitted

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Patna High Court CR. MISC. No.3024 of 2023(3) dt.25-04-2023 2/3

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that petitioner has never demanded any dowry nor tortured either physically or mentally to the deceased. A statement has been made in para 12 of the petition that deceased was forced by her parents to marry the petitioner and she was annoyed with the marriage and

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she does not want to lead conjugal life with the petitioner and due to this she perhaps has committed suicide. Charge-sheet has been submitted against the petitioner. From perusal of postmortem report, it appears that cause of death as opined by the doctor is due to asphyxia due to hanging. Moreover, the petitioner is languishing in judicial custody since 09.06.2022. A statement has been made in para 3 of the petition that petitioner has no criminal antecedent.

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Learned APP appearing for the State and learned counsel for the informant have vehemently opposed the prayer for Bail.

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Having heard learned counsel for the parties and taking into consideration the facts and

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Patna High Court CR. MISC. No.3024 of 2023(3) dt.25-04-2023 3/3

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circumstances of the case as well as period of custody, this Court is inclined to enlarge the petitioner on bail. The above named petitioner is directed to be enlarged on bail in connection with Alauli P.S. Case No. 153 of 2022 on furnishing bail bond of Rs. 10,000/- (Rupees ten thousand) with two sureties of the like amount each to the satisfaction of the learned Chief Judicial Magistrate, Khagaria.

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(Sunil Kumar Panwar, J)

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Nirajkrs/-

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U T

Rahul Singh @ Rahul Kumar v. The State of Bihar

Case brief

What is this about?

What did the court decide?

Rahul Singh @ Rahul Kumar v. The State of Bihar

Case brief

What is this about?

What did the court decide?

What the court decided

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