Munna Kumar Sah v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.14722 of 2023 Arising Out of PS. Case No.-274 Year-2022 Thana- SAHEBGANJ District- Muzaffarpur ====================================================== MUNNA KUMAR SAH SON OF JADOLAL SAH R/O VILLAGERASULPUR, GOPIGANJ, P.S.- SAHEBGANJ, DISTRICTMUZAFFARPUR ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Rajesh Singh, Sr. Adv.

Mr.Manish Kumar Singh, Adv.

For the Opposite Party/s :

Mr.Brajendra Nath Pandey, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE ANJANI KUMAR SHARAN ORAL ORDER 22-06-2023 Heard learned counsel for the parties.

The petitioner apprehends his arrest in a case registered for the offence punishable u/s 304(B)/34 of the IPC. Allegation against the petitioner is that he being the husband of the deceased, in connivance with his family members killed the daughter of the informant on account of non-fulfillment of demand of dowry.

It is submitted by learned senior counsel for the petitioner that petitioner is quite innocent and has committed no offence. He has been falsely implicated in this case due to ulterior motive. No such occurrence, in the manner as alleged, has ever taken place. It is submitted that the deceased was suffering from AIDS. In this regard, the prescription and documents have been

Patna High Court CR. MISC. No.14722 of 2023(3) dt.22-06-2023 2/2 enclosed at Annexure-2 of the bail application. It is further submitted that the petitioner was also suffering from AIDS and treatment was going on. There is no specific overt act against the petitioner to kill the daughter of the informant and due to AIDS, the deceased committed suicide. Petitioner has no criminal antecedent.

Learned APP for the State opposed the prayer for bail. Having regard to the facts and circumstances of the case, let the above named petitioner, be released on bail, in the event of his arrest or surrender before the learned Court below within a period of six weeks from today, on furnishing bail bond of Rs. 25,000/- (Rupees Twenty Five Thousand) with two sureties of the like amount each to the satisfaction of the learned court below where the case is pending/Successor Court in connection with Sahebganj P.S. Case No.274/2022, subject to the conditions as laid down under Section 438(2) of the Cr.P.C. (Anjani Kumar Sharan, J) pallavi/- U T