Sonu Upadhyaya v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.20376 of 2020 Arising Out of PS. Case No.-94 Year-2019 Thana- CHIRAIYA District- East Champaran ====================================================== SONU UPADHYAYA, aged about 33 years (Male), son of Aniurdh Upadhaya @ Anirudh Upadhyaya, resident of Village- Fenhara, P.S.- Chiraiya, DistrictEast Champaran. ... ... Petitioner

Versus

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

For the Petitioner/s :

Mr. Diwakar Prasad Singh, Advocate Mr. Kundan Rathore, Advocate For the Opposite Party/s :

Mr. Shyam Kumar Singh, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE SHIVAJI PANDEY ORAL ORDER 04-01-2021 Heard learned counsel for the petitioner and learned APP for the State.

In this case, the petitioner is seeking regular bail in connection with Chiraiya P.S. Case No. 94 of 2019, registered for the offence under Sections 304B/34 of the Indian Penal Code.

The marriage of the daughter of the informant was solemnized with petitioner under the Hindu law. Allegation has been made that after the marriage the accused persons including this petitioner started demanding dowry and later on, on account of non-fulfillment of demand of dowry, the accused persons have killed the daughter of the informant. Learned counsel for the petitioner submits that it

Patna High Court CR. MISC. No.20376 of 2020(6) dt.04-01-2021 2/2 was not a case of demand of dowry rather, the fact is that in a marriage ceremony of a relative the victim danced with another person, on that account, she was assaulted by the petitioner and on that account, she committed suicide. He further submits that the petitioner has wrongly been roped in the present case and he is in jail since 05.03.2019.

Considering the entire facts and circumstances of the case as well as the period of custody, let the petitioner, above-named, be released on bail on furnishing bail bond of Rs.10,000/- (Rupees Ten Thousand) with two sureties of the like amount each to the satisfaction of learned S.D.J.M., at Dhaka, Motihari, East Champaran, in connection with Chiraiya P.S. Case No. 94 of 2019, subject to the condition that the petitioner would cooperate in the proceeding of the Court below. In the event of failure to appear on two consecutive dates, the Court below will be at liberty to pass appropriate order including cancellation of bail bonds of the petitioner. (Shivaji Pandey, J) pawan/- U T