Sonu Gupta v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.2360 of 2023 Arising Out of PS. Case No.-111 Year-2022 Thana- KORANSARAI District- Buxar ====================================================== SONU GUPTA Son of Madhusudan Sah @Maksudhan Sah R/V and P.SKoran Sarai, Dist- Buxar ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Arvind Kumar Pradhan For the Opposite Party/s :

Mr.Raj Ballabh Singh ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL KUMAR PANWAR ORAL ORDER 28-03-2023 Heard learned counsel for the petitioner and learned APP for the State.

The petitioner has prayed for regular bail in a case registered for the offence punishable under sections 304(B), 316/34 of the Indian Penal Code.

The prosecution case, in brief, is that the petitioner along with his family members used to torture and assault the informant's sister, who was pregnant of six month, due to nonfulfillment of dowry demand of a motorcycle as well as Rs. 2 lakh. It is further alleged that on 19.9.2022, the informant came to know that her sister has been killed by the accused persons. Thereafter, this case has been lodged.

Learned counsel for the petitioner submits that the petitioner is innocent and has committed no offence. The petitioner is brother-in-law (Devar) of the deceased due to

Patna High Court CR. MISC. No.2360 of 2023(2) dt.28-03-2023 2/2 which he has falsely been implicated in the present case. The petitioner has no concern mess and business of the deceased as well as her husband and lives separately from them. It is further submitted that the husband of the deceased is already in custody upon whom, it was his responsibility to keep his wife well. A statement has been made in para-3 of the petition that the petitioner has got no criminal antecedent. Moreover, the petitioner is languishing in judicial custody since 19.9.2022. Learned APP appearing for the state has opposed the prayer of regular bail.

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 in connection with Koransarai P.S. Case No. 111 of 2022 on furnishing bail bond of Rs.10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of learned C.J.M., Buxar.

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