Regular bail application in a Patepur PS Case No. 292/2022 dowry-death case where the petitioner is accused with co-accused persons of strangulating the informant's daughter over unmet dowry demands. Counsel argued allegations were general and omnibus; court enlarged petitioner on bail with attendance conditions.
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IN THE HIGH COURT OF JUDICATURE AT PATNA CRIMINAL MISCELLANEOUS No.14532 of 2024
Arising Out of PS. Case No.-292 Year-2022 Thana- PATEPUR District- Vaishali
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Abhishek Kumar S/o Ramprit Rai R/o vill - Maudah Chatur, P.s. - Patepur, Distt. - Vaishali
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
====================================================== Appearance :
For the Petitioner/s : Mr.Mritunjay Kumar, Advocate For the Opposite Party/s : Mr.Rajiv Nayan, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE CHANDRA PRAKASH SINGH
ORAL ORDER
3 19-04-2024
Heard learned counsel for the petitioner and learned A.P.P for the State.
2 . The petitioner has preferred this application for grant of regular bail in connection with Patepur P.S. Case No. 292 of 2022 dated 08.11.2022 registered for the offences u/s 304B read with section 34 of the Indian Penal Code.
3 . As per the prosecution case, the petitioner and the co-accused persons are alleged to have strangulated the informant's daughter to death due to non-fulfillment of demand of dowry.
4 . Learned counsel for the petitioner has submitted that the petitioners is innocent and has falsely been implicated in this case. There is general and omnibus allegation against the
Patna High Court CR. MISC. No.14532 of 2024(3) dt.19-04-2024 2/3
petitioner who is husband of the deceased. The petitioner neither demanded any dowry nor tortured the deceased. As per the post mortem report, no external injury was found on the body of the deceased. The other co-accused person has already been granted bail by this Court vide order dated 21.07.2023 passed in Cr. Misc. No. 40042 of 2023. The petitioner has clean antecedent as stated in para 3 of the bail petition. The petitioner is in custody since 08.06.2023.
5 . Learned A.P.P. for the State has vehemently opposed the bail petition of the petitioner.
6 . Considering the aforesaid facts and circumstances of the case as well as the allegation being general and omnibus against the petitioner, the petitioner above-named, is directed to 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 learned Court concerned, Vaishali at Hajipur in connection with Patepur P.S. Case No. 292 of 2022, with further condition:-
(i). The petitioner is directed to remain physically present before the learned Court below on each and every date, failing which on two consecutive dates without reasonable cause, the bail bonds of the petitioner are liable to be cancelled.
Patna High Court CR. MISC. No.14532 of 2024(3) dt.19-04-2024 3/3
7 . The application stands allowed.
(Chandra Prakash Singh, J)
atul/-
U T
1 issue framed by the court
Whether the petitioner, alleged to have strangulated his wife for non-fulfilment of dowry demands under IPC 304B/34, should be granted regular bail.
2 provisions across 1 enactments
Abhishek Kumar
The State of Bihar
Chandra Prakash Singh
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
