Santosh Das v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.8116 of 2025 Arising Out of PS. Case No.-152 Year-2023 Thana- SAHEBGANJ District- Muzaffarpur ====================================================== Santosh Das S/O Late Lakshman Das Resident of Village - Goura, Police Station - Sahebganj, District Muzaffarpur ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Smita Kumari For the Opposite Party/s :

Mr.Nagendra Prasad For the O.P. No. 2 :

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

2. The petitioner has preferred this application for grant of regular bail in connection with Sahebganj P.S. Case No. 152/2023 dated 14.04.2023 registered for the offence punishable u/s 304B read with Section 34 of the Indian Penal Code.

3. As per the prosecution case, the petitioner and the coaccused persons are alleged to have killed the informant's daughter by hanging due to non-fulfillment of demand of Apache motorcycle as dowry.

4. Learned counsel for the petitioner has submitted that the petitioner is innocent and has falsely been implicated in this case. There is general and omnibus allegation against the petitioner who is the husband of the deceased. The petitioner neither demanded any dowry nor tortured the deceased. Earlier the regular bail application of the petitioner has been rejected by this court

Patna High Court CR. MISC. No.8116 of 2025(2) dt.19-03-2025 2/2 vide order dated 04.07.2024 passed in Cr. Misc. No. 36531/2024. The petitioner has clean antecedent as stated in para 3 of the bail petition. The petitioner is in custody since 28.11.2023.

5. Learned A.P.P. for the State as well as learned counsel for the informant have vehemently opposed the bail petition of the petitioner by submitting that the petitioner is the husband of the deceased.

6. Considering the aforesaid facts and circumstances of the case as well as the period of custody, the petitioner abovenamed, 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 Court concerned, Muzaffarpur in connection with Sahebganj P.S. Case No. 152/2023, with the condition ;- (i). The petitioner is directed to remain physically present before the learned Court below on each and every date, failing which on two consecutive dates without reasonable cause, the bail bond of the petitioner is liable to be cancelled.

7. The application stands allowed.

(Chandra Prakash Singh, J) atul/- U T