Subhash Kumar @ Subhash Kumar Das v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.24138 of 2025 Arising Out of PS. Case No.-293 Year-2024 Thana- DALSINGHSARAI District- Samastipur ====================================================== Subhash Kumar @ Subhash Kumar Das S/O Manoj Das R/O Village- Par (Pand), P.S- Dalsinghsarai @ Dalsinhsarai, Distt.- Samastipur. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Mirityunjay Kumar, Advocate Ms. Pampy Kumari, Advocate Mr. Surendra Pd. Singh, Advocate For the Opposite Party/s :

Mr.Nawal Kishore Prasad, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE ARUN KUMAR JHA ORAL ORDER 02-05-2025 Heard learned counsel for the petitioner and learned APP for the State.

2. In this present case, the petitioner seeks bail in connection with Dalsinghsarai P.S. Case No. 293 of 2024 registered for the offences under Sections 103, 80 and 3(5) of the B.N.S.

3. As per prosecution case, the daughter of the informant was married with the petitioner in the year 2020 after a love affair. Allegation against the petitioner is that he along with other co-accused persons killed the daughter of the informant by hanging her. The informant further alleged that the petitioner and other co-accused persons have been demanding dowry.

4. Learned counsel appearing on behalf of the

Patna High Court CR. MISC. No.24138 of 2025(2) dt.02-05-2025 2/3 petitioner submits that the petitioner is innocent and has been falsely implicated in this case. The allegation is not believable that it was a marriage after love affair and couple had two children. The daughter of the informant committed suicide and the post-mortem report also shows death was due to asphyxia by hanging though viscera has been preserved for final opinion. Learned counsel further submits that although the death occurred within seven years of marriage but there was no demand of dowry and no complaint was ever made. Petitioner is in custody since 31.01.2025 and charge-sheet has been submitted. Petitioner is having clean antecedent.

5. Learned A.P.P. opposes the submission made on behalf of the petitioner. Learned APP submits that petitioner is the husband and there is direct allegation against him for demanding dowry and killing the daughter of the informant.

6. Having regard to the facts and circumstances and submissions made on behalf of the parties and considering the love marriage of the petitioner with the deceased and further considering absence of material showing any prior demand of dowry and also considering the clean antecedent of the petitioner coupled with submission of charge-sheet, the petitioner above named is directed to be released on bail on

Patna High Court CR. MISC. No.24138 of 2025(2) dt.02-05-2025 3/3 furnishing bail bonds of Rs. 10,000/- (Rupees Ten Thousand Only) with two sureties of the like amount each to the satisfaction of learned Additional Chief Judicial Magistrate-1st, Dalsinghsarai/ concerned court in connection with Dalsinghsarai P.S. Case No. 293 of 2024, subject to the conditions mentioned in Section 480(3) of the B.N.S.S. and other following conditions:

(i) One of the bailors will be a close relative of the petitioner.

(ii) The petitioner will remain present on each and every date fixed by the court below.

(iii) In case of absence on three consecutive dates or in violation of the terms of the bail, the bail bond of the petitioner will be liable to be cancelled by the court concerned.

(Arun Kumar Jha, J) balmukund/- U T