Mukesh Kumar Sah v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.11007 of 2020 Arising Out of PS. Case No.-14 Year-2019 Thana- BARURAJ District- Muzaffarpur ====================================================== Mukesh Kumar Sah Son of Suresh Sah, resident of village-Naya Tola Thikha, P.S.-Baruraj, District - Muzaffarpur.

... ... Petitioner/s

Versus

The State of Bihar.

... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Arun For the Opposite Party/s :

Mr.Mohammed Arif ====================================================== CORAM: HONOURABLE MR. JUSTICE SHIVAJI PANDEY ORAL ORDER 23-06-2020 Heard learned counsel for the petitioner and learned counsel for the State, Mr. Mohammad Arif through Video Conferencing.

In this case, the petitioner is seeking regular bail in connection with Baruraj P.S. Case No. 14 of 2019 registered for offence punishable under sections 304(B) and 120(B)/34 of the Indian Penal Code.

In the present case, allegation has been made against the petitioner to have killed his wife on account of nonfulfillment of demand. There is specific allegation that the victim lady has died on account of poison.

This Court has called for the case diary of Baruraj P.S. Case No.14 2019, including the viscera report. The viscera report states, which is as follows:-

Patna High Court CR. MISC. No.11007 of 2020(3) dt.23-06-2020 2/2 "No. Metallic, Alkaloidal, Glycosidal, Pesticidal and volatile Poison could be detected in the contents of glass jar as described above."

Learned counsel for the petitioner submits that the record itself shows that the victim lady has not died on account of poison, but the learned counsel submits that there is specific allegation of demanding dowry by the present petitioner and his family members.

Looking to the facts and circumstance of the case, the petitioner is directed to be enlarged on bail on furnishing bail bonds of Rs.10,000/- with two sureties of the like amount each to the satisfaction of Judicial Magistrate 1st Class, Muzaffarpur in connection with Baruraj P.S. Case No. 14 of 2019, subject to the condition that one of the bailors of the petitioner shall be a close relative. The petitioner will not induce any witness or tamper with the evidence. The petitioner shall cooperate in the disposal of trial and make himself available as and when required by the court.

(Shivaji Pandey, J) Mahesh/- U T