Santosh Kumar Gupta @ Saroj Sah @ Santosh Sah v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.14602 of 2023 Arising Out of PS. Case No.-59 Year-2022 Thana- MURAR District- Buxar ====================================================== Santosh Kumar Gupta @ Saroj Sah @ Santosh Sah S/O Kashinath Sah R/VAnsari, P.S.- Murar, District- Buxar ... ... Petitioner/S

Versus

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

For the Petitioner/s :

Mr.Radha Mohan Singh For the Opposite Party/s :

Mr.Shailendra Kumar Singh ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL KUMAR PANWAR ORAL ORDER 11-07-2023 Heard learned counsel for the petitioner, learned counsel for the informant and learned APP for the State. The petitioner has prayed for regular bail in a case registered for the offence punishable under sections 304B and 34 of the Indian Penal Code.

As per prosecution case, it is a case of dowry death due to non-fulfillment of dowry demand. Learned counsel for the petitioner submits that the petitioner is innocent and has committed no offence. The petitioner is husband of the deceased due to which he has falsely been implicated in this case. There is no prior complaint of torture and dowry demand lodged against the petitioner. He has got no criminal antecedent. During

Patna High Court CR. MISC. No.14602 of 2023(3) dt.11-07-2023 2/2 investigation it came to light that the deceased committed suicide and postmortem report also shows cause of death is asphyxia due to hanging. It is further submitted that the petitioner suo-motu surrendered on 28.07.2022 and since then he is languishing in judicial custody.

Learned APP appearing for the state and learned counsel for the informant have vehemently 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 Murar P.S. Case No. 59 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 Additional District and Sessions Judge-XI, Buxar.

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