Dhanji Pasi v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.5094 of 2022 Arising Out of PS. Case No.-296 Year-2020 Thana- NAWANAGAR District- Buxar ====================================================== Dhanji Pasi S/o Bachan Pasi R/o village- Mahadevganj, P.S.- Nawanagar, District- Buxar ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Raghunandan Kumar Singh, Advocate For the Opposite Party/s :

Mr. Rabindra Kumar, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE CHANDRA SHEKHAR JHA ORAL ORDER 19-09-2022 Heard learned counsel appearing on behalf of the petitioner and learned counsel appearing on behalf of the State through virtual Court proceedings.

Let the defect(s), if any, be removed within a period of four weeks from today.

The petitioner seeks bail in connection with Nawanagar P.S. Case No. 296 of 2020 registered for the offence under Sections 304(B), 328 and 34 of the Cr.P.C. The accused/petitioner is named in the F.I.R. and is in custody since 04.10.2020.

The allegation against the petitioner, who is husband of the deceased, is to cause her death, alongwith other family members/co-accused due to non-fulfillment of demand of dowry after administering poison.

Patna High Court CR. MISC. No.5094 of 2022(3) dt.19-09-2022 2/3 Learned counsel appearing on behalf of the petitioner submitted that petitioner has been falsely implicated in present case. It is further submitted that petitioner, out of family frustration, committed suicide after taking poison. It is submitted that several witnesses, during course of investigation, supported the factum of suicide by deceased after consuming poison. It is also submitted that no external and internal injuries were found, as per post-mortem report. It is also submitted that allegation as regard to demand of dowry is very much general and omnibus without specifying any demand. While concluding the argument, it has been submitted that investigation has been completed, for which, charge-sheet has been submitted without obtaining FSL report, where cause of death was yet to ascertained.

Learned APP opposed the prayer of bail.

Considering the facts and circumstances as mentioned above, as witnesses, during course of investigation, supported the factum of suicide, where no external and internal injuries were found upon the body of deceased coupled with the fact that charge-sheet has been submitted, let the petitioner, above named, is directed to be released on bail in connection with Nawanagar P.S. Case No. 296 of 2020 on furnishing bail bond

Patna High Court CR. MISC. No.5094 of 2022(3) dt.19-09-2022 3/3 of Rs.10,000/- (Rupees Ten Thousand) with two sureties of the like amount each to the satisfaction of learned District and Sessions Judge, Buxar/concerned court, subject to the conditions as mentioned under Section 437 (3) of the Cr.P.C. (Chandra Shekhar Jha, J) pooja/- U T