Sunil Kumar @ Sunil Mahto v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.31511 of 2023 Arising Out of PS. Case No.-110 Year-2020 Thana- BALTHAR District- West Champaran ====================================================== Sunil Kumar @ Sunil Mahto Son Of Late Jaleshwar Mahto Resident Of Village- Bhauri, Ps- Balthar, Distt- West Champaran ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Rakesh Kumar, Advocate For the Opposite Party/s :

Mr. nuj Kumar Shrivastava, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE CHANDRA SHEKHAR JHA ORAL ORDER 20-06-2023 Heard learned counsel appearing on behalf of the petitioner and learned counsel appearing on behalf of the State. The petitioner seeks bail in connection with Balthar P.S. Case No. 110 of 2020 registered for the offence under Section 304-B/34 of the Indian Penal Code.

The accused/petitioner is named in the F.I.R. and is in custody since 14.12.2021.

The allegation against the petitioner is to cause death of daughter of the informant alongwith co-accused persons/family members due to non-fulfillment of demand of dowry as raised for cash of Rs. 1,00,000/- (Rupees One Lac Only) and one golden chain.

Learned counsel appearing on behalf of the petitioner submitted that petitioner implicated falsely with present case as

Patna High Court CR. MISC. No.31511 of 2023(2) dt.20-06-2023 2/3 no such ever demand of dowry as alleged was raised by petitioner and, if so, as per the narration of F.I.R. same is appearing very much general and omnibus. It is submitted that out of normal matrimonial discord wife of petitioner, being short tempered women, committed suicide. It is further submitted that the act of petitioner is not suggesting that it is so direct and active which may force deceased to commit suicide leaving otherwise no other option. While concluding the argument, it has been submitted that petitioner is a man of clean antecedent and moreover, investigation has been completed, for which, charge-sheet has been submitted, as such, there is no chance of tampering with the evidence.

Learned APP, while opposing the prayer of bail petitioner is the husband. It is also submitted that charge has already been framed.

Considering the facts and circumstances as mentioned above, as nothing surfaced during the course of investigation which may suggest that the act of petitioner is so active or direct to force his wife to commit suicide leaving no other option, coupled with the fact that charge-sheet has already been submitted, where petitioner is in custody since 14.12.2021, accordingly, the petitioner, above named, is directed to be

Patna High Court CR. MISC. No.31511 of 2023(2) dt.20-06-2023 3/3 released on bail in connection with Balthar P.S. Case No. 110 of 2020 on furnishing bail bond of Rs.10,000/- (Rupees Ten Thousand) with two sureties of the like amount each to the satisfaction of learned Additional Sessions Judge-V, Bettiah, West Champaran/concerned court, subject to the conditions as mentioned under Section 437 (3) of the Cr.P.C. (Chandra Shekhar Jha, J.) pooja/- U T