Sandeep Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.13047 of 2024 Arising Out of PS. Case No.-79 Year-2023 Thana- AIRPORT District- Patna ====================================================== Sandeep Kumar Son of Ram Pravesh Ram R/o vill - Chaudhary Tola, Raja Bazar, P.S. - Hawai Adda, Distt. - Patna ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Vijay Kumar Sinha For the Opposite Party/s :

Mr.Uday Pratap Singh ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL KUMAR PANWAR ORAL ORDER 04-04-2024 Heard learned counsel for the petitioner, learned APP for the State and learned counsel for the informant.

2. The petitioner has prayed for regular bail in a case registered for the offence punishable under sections 304B and 34 of the Indian Penal Code.

3. It is a case of dowry death of the informant's daughter by the accused persons due to non-fulfillment of dowry demand of Rs. 10 lacs.

4. Learned counsel for the petitioner submits that the petitioner is innocent and has committed no offence. The petitioner is husband of the deceased due to which he has falsely been implicated in this case. There is no eye witness of the alleged occurrence, only on the basis of suspicion he has been dragged in this case. There is no prior complain in respect of

Patna High Court CR. MISC. No.13047 of 2024(3) dt.04-04-2024 2/3 torture and harassment. It is further submitted from para-17 that police has already stated in para-2 of the case diary that the deceased had committed suicide in the room which was bolted from inside. From para-18 of this petition, it is submitted that from perusal of the postmortem report in which it is mentioned that the cause of death of the deceased was asphyxia as a result of hanging. Moreover, the petitioner is languishing in judicial custody since 03.07.2023.

5. Learned APP appearing for the state and learned counsel for the informant have opposed the prayer of regular bail and submitted that petitioner is husband and he had full responsibility to keep his wife with full dignity and honour which he did not do so. The death of the deceased was caused within seven years of marriage.

6. Having heard learned counsel for the parties and considering the facts and circumstances of the case as well as custody of the petitioner, this court is inclined to enlarge the petitioner on bail. The above named petitioner is directed to be released on bail after framing of charge if the charge is not framed in connection with Hawai Adda P.S. Case No. 79 of 2023 on furnishing bail bond of Rs.10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of

Patna High Court CR. MISC. No.13047 of 2024(3) dt.04-04-2024 3/3 learned J.M.F.C-XXI, Patna.

(Sunil Kumar Panwar, J) Shubham/- U T