Sanjay Prasad v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.13857 of 2024 Arising Out of PS. Case No.-142 Year-2022 Thana- PIPRAKOTHI District- East Champaran ====================================================== SANJAY PRASAD S/O GANESH PRASAD R/O VILLAGECHAKARDHE, P.S- PIPRAKOTHI, DISTT.- EAST CHAMPARAN. ... ... Petitioner/s
Versus
THE STATE OF BIHAR BIHAR ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr.Abhishek Kumar For the Opposite Party/s :
Mr.Madan Kumar ====================================================== CORAM: HONOURABLE MR. JUSTICE ALOK KUMAR PANDEY ORAL ORDER 20-09-2024 Heard learned counsel for the petitioner and learned A.P.P. for the State.
2. The petitioner seeks bail in connection with Piprokothi P.S. Case 142/2022, registered for the offence punishable under Sections 304(B), 120B, 34 of the Indian Penal Code.
3. As per prosecution case, petitioner and others are alleged to have committed the murder of informant's sister due to non-fulfillment of demand of dowry.
4. Learned counsel for the petitioner submits that petitioner is innocent and has committed no offence as alleged in the FIR and he has falsely been implicated in this case being husband of the deceased. The petitioner is languishing in custody since 08.08.2022 and bears no criminal antecedent. He
Patna High Court CR. MISC. No.13857 of 2024(7) dt.20-09-2024 2/3 further submits that allegation against the petitioner is general and omnibus in nature and there is no specific allegation attributable to the petitioner. The Informant's sister was a hypersensitive woman, who used to react seriously even on petty matters or trivial thing and she herself committed suicide. He further submits that charge sheet has been submitted in the case and there is no likelihood of tampering with the prosecution evidence.
5. The learned A.P.P. for the State vehemently opposed the prayer for bail of the petitioner and submits that restatement of informant and statement of other witnesses in paragraphs nos. 8, 9 and 10 of the case diary, have supported and corroborated the allegation made in FIR and the inquest report also corroborated the death was on account of poison. He further submits that the petitioner is the husband of the deceased who died within seven years of marriage in matrimonial house in unnatural circumstances. Charge sheet has been submitted against the petitioner under Sections 302, 304B, 120B, 328/34 of the I.P.C.
6. Considering the facts and circumstances of the case, petitioner is the husband of the deceased and nature of allegation levelled against the petitioner coupled with the FSL
Patna High Court CR. MISC. No.13857 of 2024(7) dt.20-09-2024 3/3 report and material available on record, I am not inclined to grant bail to the petitioner. Hence, prayer for bail of the petitioner stands rejected.
7. Accordingly, the petition stands dismissed. (Alok Kumar Pandey, J) amitkumar/- U T