Munna Singh @ Munna Kumar v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.20626 of 2024 Arising Out of PS. Case No.-15 Year-2023 Thana- PANAPUR District- Saran ====================================================== Munna Singh @ Munna Kumar S/o Ramnaresh Singh R/o Vill - Dhanauti, P.S. - Panapur, Dist. - Saran ... ... Petitioner/s
Versus
The State Of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr.Nalin Kumar For the Opposite Party/s :
Mr.Md. Matloob Rab ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL KUMAR PANWAR ORAL ORDER 02-08-2024 Heard learned counsel for the petitioner and learned APP for the State.
2. The petitioner has prayed for regular bail in a case registered for the offence punishable under Sections 304(B) of the Indian Penal Code and Section 3⁄4 of the D.P. Act.
3. It is a case of dowry death of the informant's sister by the accused persons due to non-fulfillment of dowry demand.
4. Learned counsel for the petitioner submits that the petitioner is innocent and has committed no offence. Petitioner is husband of the deceased due to which he has falsely been implicated in this case. He is not named in FIR rather his name came into light in this case during the course of investigation. He was not present at the relevant date of alleged occurrence. He was in Dubai at that time for his livelihood. It is further
Patna High Court CR. MISC. No.20626 of 2024(5) dt.02-08-2024 2/3 submitted from para-12 of this petition that petitioner went to Dubai in the month of September, 2022 leaving his wife and son at his native place and after sometime, a rumour was spread in the village that the petitioner had solemnized his second marriage in Dubai and hearing this false news, sister of the informant became mentally unbalanced and committed suicide by hanging. According to postmortem report, cause of death of the deceased is due to asphyxia as a result of hanging. There is no eye witness of the alleged occurrence and also no any consistent material has come against the petitioner in commission of this offence. A statement has been made in para3 of this petition that the petitioner has got no criminal antecedent. Moreover, he is languishing in judicial custody since 14.09.2023.
5. Learned APP appearing for the state has opposed the prayer of regular bail.
6.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 Panapur P.S. Case No. 15 of 2023 on furnishing bail bond of Rs.10,000/- (ten thousand) with
Patna High Court CR. MISC. No.20626 of 2024(5) dt.02-08-2024 3/3 two sureties of the like amount each to the satisfaction of learned A.C.J.M.-6th, Saran at Chapra with following conditions:- (i) Without prior permission of the Court, petitioner is not allowed to leave this Country.
(ii) Petitioner shall co-operate in the trial and shall be present on each and every fixed date and on his absence on two consecutive dates without sufficient reason, his bail bond shall be cancelled by the Court below.
(iii) If the petitioner tampers with the evidence or threatens the witnesses, in that case, the prosecution will be at liberty to move of cancellation of bail.
(iv) In case, the petitioner repeats offence of similar nature after enlargement on bail, his bail-bonds will be cancelled by the Court below.
(Sunil Kumar Panwar, J) Shubham/- U T