Suraj v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.3797 of 2025 Arising Out of PS. Case No.-160 Year-2024 Thana- POTHIYA District- Kishanganj ====================================================== Suraj S/O Ismail Village- Beragachh Budhara, P.S.- Pothia, DistrictKishanganj ... ... Petitioner/s

Versus

The State of Bihar Patna ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Sunil Kumar For the Opposite Party/s :

Mr.Jitendra Kumar Singh ====================================================== CORAM: HONOURABLE MR. JUSTICE NAWNEET KUMAR PANDEY ORAL ORDER 15-10-2025 Heard learned counsel for the petitioner and learned APP for the State.

2. The petitioner is apprehending his arrest in Pothia P.S. Case No. 160 of 2024 registered under Sections 103(1), 80(2), 123( 61(2), 3(5) of B.N.S.

3. According to allegation, the marriage of the deceased was solemnized with the petitioner. The accused persons demanded dowry. In absence of the petitioner at his instance, his family members administered poisonous substance to the victim and she died.

4. It has been submitted on behalf of the petitioner that FIR itself shows that the petitioner was not present at the time of occurrence. As a matter of fact, she consumed poisonous substance and in order to save her life, family members of the petitioner brought her to Islampur hospital where the doctors declared her as dead. He has also submitted that when the informant realized his

Patna High Court CR. MISC. No.3797 of 2025(4) dt.15-10-2025 2/2 mistake, he compromised the case.

5. From perusal of the FIR, it transpires that the petitioner was not present at his house at the time of occurrence and family members of the petitioner shifted the deceased to the hospital for treatment where she was declared as dead.

6. Learned APP has opposed the prayer for anticipatory bail.

7. Considering the aforesaid facts and circumstances, let the petitioner, above named, in the event of arrest/surrender before the learned court below within a period of four weeks, be released on anticipatory bail on furnishing bail bonds of Rs.10,000/- (Ten thousand) with two sureties of the like amount each to the satisfaction of learned Additional Chief Judicial Magistrate-II, Kishanganj in connection with Pothia P.S. Case No. 160 of 2024, subject to the conditions as laid down under Section 438(2) of the Code of Criminal Procedure/ 482(2) of BNSS, 2023.

8. The petitioner will appear in the court below on each and every date fixed in the case till framing of the charges. (Nawneet Kumar Pandey, J) A.K.V.//- U T