Dinesh Kumar Sah v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.2529 of 2023 Arising Out of PS. Case No.-189 Year-2021 Thana- NAYA RAM NAGAR District- Munger ====================================================== DINESH KUMAR SAH SON OF KISHORE SHAW R/O VILLAGESINGHIYA, P.S.- NAYA RAM NAGAR, DISTRICT- MUNGER ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Deep Nishi For the Opposite Party/s :

Mr.Md. Shakir Ahmad ====================================================== CORAM: HONOURABLE MR. JUSTICE NAWNEET KUMAR PANDEY ORAL ORDER 06-04-2023 Heard the learned counsel for the petitioner and learned APP for the State.

This is an application for regular bail on behalf of the petitioner for the offences alleged under Section 304B)/34 of the Indian Penal Code and Section 3/4 of the Dowry Prohibition Act, registered in connection with Naya Ram Nagar P.S.Case No. 189 of 2021.

As per allegation, the daughter of the informant was married to co-accused RaviKumar @ Suraj Kumar. The accused persons, including the petitioner, subjected her to cruelty for non-fulfilment of demand of dowry. At about 10.00 a.m. on the day of occurrence, the husband of the deceased Ravi Kumar informed the informant that his daughter had died. He rushed to

Patna High Court CR. MISC. No.2529 of 2023(2) dt.06-04-2023 2/3 her matrimonial house and found the dead-body of her daughter. He expressed his firm belief that the accused persons had committed the dowry death of the deceased.

The learned counsel for the petitioner has submitted that he is innocent and has falsely been implicated in this case. He is brother-in-law of the deceased having no concern with day-to-day affairs of the couple and on similar footing another brother-in-law of the deceased namely Bhola Sah has been granted anticipatory bail by a coordinate Bench of this Court in Cr.Misc. 67374 of 2022. Similarly, the mother-in-law has also been granted anticipatory bail in Cr.Misc. No. 70438 of 2022. Considering the above facts and circumstances, let the petitioner, above-named, be released on bail on furnishing bail bond of Rs. 10,000/-(ten thousand) with two sureties of the like amount each to the satisfaction of learned Chief Judicial Magistrate, Munger in connection with Naya Ram Nagar P.S.Case No. 189 of 2021, subject to the following conditions:-

1. The petitioner shall cooperate in the disposal of trial and make available available as and when required by the court.

2. If the petitioner is found involved in future in the similar type of offence, the

Patna High Court CR. MISC. No.2529 of 2023(2) dt.06-04-2023 3/3 prosecution will have liberty to file an application before the court below for cancellation of the bail of the petitioners and the learned court below will take decision in accordance with law.

(Nawneet Kumar Pandey, J) HR/- U T