Sunil Sah @ Sunil Saw @ Sunil Prasad @ Sunil Sao v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.15758 of 2024 Arising Out of PS. Case No.-405 Year-2023 Thana- BIHTA District- Patna ====================================================== 1.

Sunil Sah @ Sunil Saw @ Sunil Prasad @ Sunil Sao S/O Late Baijnath Saw R/O Village- Srirampur, P.S- Bihta, Distt.- Patna. 2.

Shila Devi W/O Sunil Sah @ Sunil Saw @ Sunil Prasad @ Sunil Sao R/O Village- Srirampur, P.S- Bihta, Distt.- Patna. ... ... Petitioner/s

Versus

THE STATE OF BIHAR BIHAR ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Kumar Prabhakar, Adv.

For the informant : Mr. Sanjay Kumar Singh, Adv. For the Opposite Party/s :

Mr.Harendra Prasad, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE CHANDRA PRAKASH SINGH ORAL ORDER 07-05-2024 Heard learned counsel for the petitioners, learned counsel for the informant and learned APP for the State.

2. The petitioners have preferred this application for grant of regular bail in connection with S.T. No. 1094/ 2023 arising out of Bihta P.S. Case No. 405 of 2023 dated 28.04.2023 registered for the offences punishable u/ss 304B read with Section 34 of the Indian Penal Code.

3. As per the prosecution case, the petitioners and the co-accused persons are alleged to have tortured the informant's sister mentally and physically due to non-fulfillment of demand of dowry. Subsequently, the informant's sister died after consuming poison due to cruelty of the accused persons.

Patna High Court CR. MISC. No.15758 of 2024(5) dt.07-05-2024 2/3

4. Learned counsel for the petitioners has submitted that the petitioners are innocent and have falsely been implicated in this case. The petitioner no. 1 is the father-in-law and the petitioner no. 2 is the mother-in-law of the deceased and they have no concern with the alleged offence. The petitioners neither demanded any dowry nor tortured the informant's sister. There is general and omnibus allegation against the petitioners. Chargesheet has been submitted in this case. Learned counsel has further submitted that the husband of the deceased is in custody since 14.07.2023. The petitioners have clean antecedent as stated in para 3 of the bail petition. The petitioners are in custody since 22.05.2023.

5. Learned A.P.P. for the State as well as learned counsel for the informant have opposed the bail petition of the petitioners.

6. Considering the aforesaid facts and circumstances of the case as well as the period of custody, the petitioners above-named, are directed to be enlarged on bail on furnishing bail-bond of Rs.20,000/- (Rupees Twenty Thousand) each with two sureties of the like amount each to the satisfaction of learned Court concerned, Danapur, Patna in connection with S.T. No. 1094 of 2023 arising out of Bihta P.S. Case No. 405 of

Patna High Court CR. MISC. No.15758 of 2024(5) dt.07-05-2024 3/3 2023.

7. The application stands allowed.

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