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Patna High CourtCR. MISC./21641/2025bail granted

Rohit Raja @ Rohit Kumar @ Raja @ Rohit Kumar Gupta v. The State Of Bihar

2025-06-18Mr. Justice Chandra Prakash Singh3 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.21641 of 2025 Arising Out of PS. Case No.-405 Year-2023 Thana- BIHTA District- Patna ====================================================== Rohit Raja @ Rohit Kumar @ Raja @ Rohit Kumar Gupta Son of Sunil Sah @ Sunil Saw @ Sunil Prasad @ Sunil Sao Resident of Village - Srirampur, P.S. - Bihta, District -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 Singhy, Adv. For the Opposite Party/s :

Mr.Parmanand Prasad, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE CHANDRA PRAKASH SINGH ORAL ORDER 18-06-2025 Heard learned counsel for the petitioner and learned A.P.P for the State.

2. The petitioner has 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/s 304B read with Section 34 of the Indian Penal Code.

3. As per the prosecution case, the petitioner 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, due to cruelty of the accused persons, the informant's sister committed suicide after consuming poison.

4. Learned counsel for the petitioner has submitted that the petitioner is innocent and has falsely been implicated in

Patna High Court CR. MISC. No.21641 of 2025(2) dt.18-06-2025 2/3 this case. The petitioner is the husband of the deceased and he has no concern with the alleged offence. The petitioner has never demanded any dowry nor tortured the deceased. Learned counsel has further submitted that the poison was consumed by the deceased herself and she was admitted in the hospital by the petitioner and she died during the course of treatment. The charge-sheet has been submitted against the petitioner and the cognizance has been taken by the concerned court u/s 304B read with 34 of the I.P.C. on dated 01.09.2023. The petitioner has clean antecedent as stated in para 3 of the bail petition. The petitioner is in custody since 15.07.2023.

5. Learned A.P.P. for the State and learned counsel for the informant have vehemently opposed the bail petition of the petitioner and submitted that the petitioner is the husband of the deceased who killed her due to non-fulfillment of demand of dowry.

6. Considering the aforesaid facts and circumstances of the case as well as the period of custody, the petitioner abovenamed, is directed to be enlarged on bail on furnishing bail-bond of Rs.20,000/- (Rupees Twenty Thousand) with two sureties of the like amount each to the satisfaction of learned Court concerned, Danapur, Patna in connection with Bihta P.S. Case

Patna High Court CR. MISC. No.21641 of 2025(2) dt.18-06-2025 3/3 No. 405 of 2023 with the condition :- (i) The petitioner is directed to remain physically present before the learned Court below on each and every date, failing which on two consecutive dates without reasonable cause, the bail bond of the petitioner is liable to be cancelled. (ii) The petitioner is directed to cooperate in the trial before the learned court below.

7. The application stands allowed.

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