Sujit Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.33435 of 2025 Arising Out of PS. Case No.-290 Year-2024 Thana- KADAMKUAN District- Patna ====================================================== Sujit Kumar S/O Mahendra Singh R/O East Lohanipur Railway hunder Road Kadamkuan, Post and P.S.- Kadamkuan, Dist.- Patna Bihar PIN 800001 ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Ranjit Jha, Advocate For the Opposite Party/s :

Mr.Awadhesh Kumar Singh, A.P.P.

====================================================== CORAM: HONOURABLE MR. JUSTICE ARUN KUMAR JHA ORAL ORDER 03-09-2025 Heard learned counsel for the petitioner and learned A.P.P. for the State.

2. In the present case, the petitioner seeks bail in connection with Kadamkuan P.S. Case No. 290 of 2024, registered for the offences under Sections 304(B) & 34 of the Indian Penal Code.

3. As per the prosecution case, the petitioner was married with the niece of the informant. However, the niece of the informant was mistreated in her matrimonial home and on 09.04.2024 the petitioner informed the informant about death of his wife.

4. Learned counsel appearing on behalf of the petitioner submits that the petitioner is innocent and has been falsely implicated in this case. No occurrence as alleged has

2/4 ever taken place. The wife of the petitioner committed suicide after closing all the doors and windows of her bedroom. At that time, the petitioner was on his duty and his father was in Delhi, and brother was also out of Patna on his company duty. Learned counsel further submits that only the mother of the petitioner who is handicapped was present in her residence Learned counsel for the petitioner submits that the marriage of the petitioner and the deceased was solemnized on 26.11.2022 and there has been no complaint against the petitioner. The wife of the petitioner had been suffering from some ailment and used to live in tension so she committed suicide.

After death of the wife of the petitioner, the informant was duly informed and the informant and his wife came to the house of the petitioner but after some altercation, the informant instituted the instant FIR. The petitioner is in custody since 12.04.2024 and trial is yet to commence. The petitioner has been made accused merely because he is husband of the deceased niece of the informant. Charge sheet has been submitted against the petitioner and he has no criminal antecedent.

5. Learned A.P.P. appearing for the State opposes the submission made on behalf of the petitioner. Learned A.P.P. submits that the petitioner is husband of the deceased niece of

3/4 the informant whose death occurred within seven years of the marriage and it is for the petitioner to explain the death of his wife.

6. Having regard to the fact and circumstances and submission made on behalf of the parties and considering the submission of charge sheet and period of custody of the petitioner, the petitioner is directed to be released on bail, on furnishing bail bonds of Rs.10,000/- (Rupees Ten Thousand Only) each with two sureties of the like amount each to the satisfaction of learned A.D.J.-XXXI, Patna/concerned court, in connection with Kadamkuan P.S. Case No. 290 of 2024, subject to the condition laid down under Section 480(3) of the BNSS 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, if so required by the learned trial court.

(iii) In case of absence on three consecutive dates or in violation of the terms of the bail, the bail bond of the

4/4 petitioner will be liable to be cancelled by the court concerned.

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