Sunny Kumar v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.6218 of 2025 Arising Out of PS. Case No.-453 Year-2023 Thana- LAXMIPUR District- Jamui ====================================================== Sunny Kumar S/o- Bam Shankar Barnawal Village- Ketru Nawada PsGidhour Dist- Jamui .. ... Petitioner/s
Versus
The State of Bihar .. ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr.Pankaj Kumar Sinha For the Opposite Party/s :
Mr.Surendra Kumar ====================================================== CORAM: HONOURABLE MR. JUSTICE ANIL KUMAR SINHA ORAL ORDER 06-08-2025
1. Heard learned Counsel for the petitioner and learned Additional Public Prosecutor for the State.
2. The petitioner seeks regular bail in connection with Laxmipur Police Station Case No. 453 of 2023, dated 09.10.2023, registered for the offence punishable under Sections 304-B/34 of the Indian Penal Code.
3. The prosecution case, as per the First Information Report, is that the informant solemnized marriage of his daughter, (deceased) with the petitioner as per Hindu rites and rituals. It has been alleged that the petitioner, who reside with his step-father, after marriage, started demanding Rs. 2,00,000/- as dowry. The daughter of the informant, on several occasions, informed the informant about the torture meted out to her by the petitioner and her in-laws. On 09.10.2023, at about 10 AM, the informant received information from the in-laws' village of her daughter that his daughter has been killed by her in-laws by
Patna High Court CR. MISC. No.6218 of 2025(5) dt.06-08-2025 2/3 strangulating her neck. When the informant reached the matrimonial home of his daughter, along with other family members, they saw the dead body of his daughter lying on a cot outside the house, having ligature mark on her neck.
4. Learned Counsel for the petitioner submits that on the alleged date of occurrence, the petitioner was not present in his village home; rather, he was at Karnataka (Bangalore) and after hearing the news about the death of his wife, he booked the Indigo flight ticket from Bangalore to Patna on 09.10.2023, which is the date of the alleged occurrence. He further submits that the deceased has committed suicide due to the quarrel between the family members of the petitioner and the deceased. He further submits that the doctor, in the post mortem report, has opined the cause of death as asphyxia due to strangulation (hanging). He next submits that petitioner is in custody since 23.09.2024, charge sheet has been submitted against him and charges have been framed, and as such, there is no likelihood that the petitioner will abscond and/or tamper with the evidence.
5. Regards being had to the submissions made by the parties
Patna High Court CR. MISC. No.6218 of 2025(5) dt.06-08-2025 3/3 and taking into consideration the cause of death, custody of the petitioner since 23.09.2024 and the fact that charges have been framed, I am inclined to grant regular bail to the petitioner.
6. This application is, accordingly, allowed.
7. Let the petitioner, above named, be released on bail on furnishing bail bond of Rs. 120,000/- (Ten Thousand) with two sureties of the like amount each to the satisfaction of learned Judicial Magistrate, 1st Class, Jamui, in connection with Laxmipur Case No. 453 of 2023, subject to the conditions that (1) the petitioner shall co-operate in the trial and shall be properly represented on each and every date fixed by the Court and shall remain physically present as directed by the Court and his absence on two consecutive dates without sufficient reason, his bail bonds shall be cancelled by the court below, and (2) If the petitioner tampers with the evidence or the witnesses, in that case, the prosecution will be at liberty to move for cancellation of bail.
(Anil Kumar Sinha, J.) Prabhakar Anand/- U √ T √