Arbaz Nat v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.8812 of 2025 Arising Out of PS. Case No.-282 Year-2023 Thana- SATHI District- West Champaran ====================================================== Arbaz Nat, Male, aged 23 years, S/o Aslam Nat, R/o vill - Hinglahar, P.S. - Sathi, Distt.- West Champaran ... ... Petitioner

Versus

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

For the Petitioner :

Mr. Dhananjay Kumar, Advocate For the Opposite Party :

Mr. Pramod Kumar Pandey, A.P.P.

====================================================== CORAM: HONOURABLE MR. JUSTICE CHANDRA PRAKASH SINGH ORAL ORDER 19-03-2025 Heard learned counsel for the petitioner and learned A.P.P. for the State.

2. The petitioner seeks bail in connection with Sathi P.S. Case No. 282 of 2023 dated 06.12.2023 registered for the offences punishable under Sections 304B, 120B read with Section 34 of the I.P.C.

3. As per the prosecution case, the petitioner and the co-accused persons are alleged to have hanged the informant's daughter to death due to non-fulfilment of demand of Rs. 1,00,000/- as dowry.

4. Earlier the prayer for regular bail of the petitioner was rejected by a Bench of this Court vide Cr. Misc. No. 53627 of 2024 under order dated 01.08.2024, annexed as Annexure-P/1 to the present bail petition.

Patna High Court CR. MISC. No.8812 of 2025(2) dt.19-03-2025 2/3

5. Learned counsel for the petitioner has submitted that the petitioner is innocent and has falsely been implicated in this case. The petitioner is the husband of the deceased. The petitioner neither demanded any dowry nor tortured the deceased. There is general and omnibus allegation against the petitioner. It is submitted that the deceased was not happy with solemnization of marriage with the petitioner and she was in depression, hence, she herself committed suicide when no family member was present in the house which is evident from the deposition of the informant and other witnesses. The witnesses in paragraph nos.

50 and 51 of the case diary have stated that when the sister of the petitioner has returned from her school she found that the door was locked from inside then she made hue and cry and thereafter nearby people came there and after calling mechanic the gate was broken and it was found that the deceased has committed suicide by hanging with the ceiling fan. It is further submitted that none of the family member of the petitioner was present at the time of occurrence. It is further submitted that the brother of the deceased (P.W. 1) and the mother of the deceased (P.W.

Patna High Court CR. MISC. No.8812 of 2025(2) dt.19-03-2025 3/3 marriage the deceased was living happily in her sasural and there was good relationship between them. The mother of the deceased (P.W. 2) in paragraph no. 15 of her deposition in crossexamination has also stated that she had no complaint against the petitioner and his family members. It is submitted that the other co-accused person has already been granted anticipatory bail by a Bench of this Court vide Cr. Misc. No. 28786 of 2024 under order dated 18.04.2024. The petitioner has clean antecedent as stated in paragraph no. 3 of the bail petition. He is in custody in this case since 09.01.2024.

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

7. Considering the aforesaid facts and circumstances of the case as well as the period of custody, the petitioner, above named, 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 A.C.J.M.-VI, West Champaran at Bettiah in connection with Sathi P.S. Case No. 282 of 2023.

8. The application stands allowed.

U.K./- (Chandra Prakash Singh, J) U T