Haresh Kumar Vs The State of Bihar — Patna HC (2025) — LawSathi Research

Haresh Kumar Vs The State of Bihar — Patna HC (2025) — LawSathi Research

What the court decided

AI extract

Outcome

Regular bail granted: petitioner to be enlarged on furnishing bail-bond of Rs.20,000/- (Rupees Twenty Thousand) with two sureties of the like amount each to the satisfaction of the learned Court concerned, Motihari, East Champaran, in connection with Sugauli P.S. Case No. 201 of 2024, subject to the condition of physical presence before the Court below on each date, failing which on two consecutive dates without reasonable cause the bail bond is liable to be cancelled.

Issue for consideration

Whether regular bail should be granted to the petitioner Haresh Kumar, who along with co-accused persons is alleged to have caused the death of the informant's daughter over an alleged dowry demand, in Sugauli P.S. Case No. 201 of 2024 (offences u/ss 304B, 201 read with Section 34 IPC).

Court's answer

Considering the facts and circumstances of the case, the nature of allegation levelled against the petitioner and the period of custody, the Court directed the petitioner 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 the learned Court concerned, Motihari, East Champaran, in connection with Sugauli P.S. Case No. 201 of 2024.

Ratio / Principle

Bail granted subject to the condition that the petitioner remain physically present before the learned Court below on each and every date; failing which, on absence on two consecutive dates without reasonable cause, the bail bond of the petitioner is liable to be cancelled.

Detailed headnote1 paragraphs

CRIMINAL MISCELLANEOUS No.7431 of 2025 (Patna High Court, order dt. 14-07-2025, Chandra Prakash Singh, J) — Regular bail granted — Haresh Kumar v. The State of Bihar — Offences u/ss 304B, 201 read with Section 34 IPC — Sugauli P.S. Case No. 201 of 2024 dated 01.05.2024, District East Champaran — Petitioner, husband of the deceased, alleged along with co-accused persons to have committed her murder due to non-fulfillment of demand of Rs. 5,00,000/- as dowry — Plea of general and omnibus allegation; parity urged on the ground that a similarly situated co-accused was already granted bail vide order dated 10.09.2024 in Cr. Misc. No. 61107 of 2024; petitioner in custody since 30.05.2024 — Considering the nature of allegation and period of custody, petitioner directed to be enlarged on bail on furnishing bail-bond of Rs.20,000/- with two sureties of the like amount each to the satisfaction of the Court concerned, Motihari — Condition: physical presence before the Court below on each date, failing which on two consecutive dates without reasonable cause the bail bond is liable to be cancelled — Application allowed.

IN THE HIGH COURT OF JUDICATURE AT PATNA CRIMINAL MISCELLANEOUS No.7431 of 2025

Arising Out of PS. Case No.-201 Year-2024 Thana- SUGAULI District- East Champaran

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

Haresh Kumar S/o Ram Narayan Yadav R/o vill - Panjiarwa, P.S. - Sugauli, Distt- East Champaran, Motihari

... ... Petitioner/s

Versus

The State of Bihar Bihar

... ... Opposite Party/s ====================================================== Appearance : For the Petitioner/s : Mr.Rajesh Kumar For the Opposite Party/s : Mr.Md. Fahimuddin For the Informant : Mr. Vishal Prasad ====================================================== CORAM: HONOURABLE MR. JUSTICE CHANDRA PRAKASH SINGH

ORAL ORDER

3 14-07-2025

Heard learned counsel for the petitioner and learned

A.P.P for the State.

The petitioner has preferred this application for grant of regular bail in connection with Sugauli P.S. Case No. 201 of 2024 dated 01.05.2024 registered for the offences punishable u/ss 304B, 201 read with Section 34 of the Indian Penal Code.

As per the prosecution case, the petitioner along with co-accused persons is alleged to have committed murder of the informant’s daughter due to non-fulfillment of demand of Rs. 5,00,000/- as dowry.

Learned counsel for the petitioner has submitted that the petitioner is innocent and has falsely been implicated in

Patna High Court CR. MISC. No.7431 of 2025(3) dt.14-07-2025 2/3

this case. There is general and omnibus allegation against the petitioner. The petitioner is the husband of the deceased and he has no concerned with the alleged occurrence. The petitioner never demanded any dowry nor tortured the deceased. Similar situated co-accused person has already been granted bail by this Court vide order dated 10.09.2024 passed in Cr. Misc. No. 61107 of 2024. The petitioner has clean antecedent as stated in para 3 of the bail petition. The petitioner is in custody since 30.05.2024.

Learned A.P.P. for the State has vehemently opposed the bail petition of the petitioner.

Considering the aforesaid facts and circumstances of the case and the nature of allegation levelled against the petitioner as well as the period of custody, the petitioner abovenamed, 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, Motihari, East Champaran in connection with Sugauli P.S. Case No. 201 of 2024, with the following condition/s:-

( i ). The petitioner is directed to remain physically present before the learned Court below on each and every date,

Patna High Court CR. MISC. No.7431 of 2025(3) dt.14-07-2025 3/3

failing which on two consecutive dates without reasonable

cause, the bail bond of the petitioner is liable to be cancelled.

The application stands allowed.

(Chandra Prakash Singh, J)

guddukr/-

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