Sanjit Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.32509 of 2023 Arising Out of PS. Case No.-192 Year-2021 Thana- BEN P.S. District- Nalanda ====================================================== Sanjit Kumar Son of Mr. Birendra Mistri Resident of village - Bhagwanpur, P.S. - Ben, Distt. - Nalanda ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Ajay Kumar Thakur Mrs.Vaishnavi Singh For the Opposite Party/s :

Mr.Narsingh Tanti ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL KUMAR PANWAR ORAL ORDER 24-08-2023 Heard learned counsel for the petitioner and learned APP for the State.

The petitioner has prayed for regular bail in a case registered for the offence punishable under sections 304(B) and 34 of the Indian Penal Code.

It is a case of dowry death of the informant's daughter due to non-fulfillment of dowry demand.

Learned counsel for the petitioner submits that the petitioner is innocent and has committed no offence. The petitioner is the husband of the deceased due to which he has falsely been implicated in this case. It is further submitted that there is no prior complaint with respect to dowry demand or torture and ill treatment to the deceased. There is no eye witness to the alleged occurrence. During investigation, no consistent evidence has come

Patna High Court CR. MISC. No.32509 of 2023(3) dt.24-08-2023 2/2 against the petitioner to support the allegation levelled against him. It is also submitted that in postmortem report, the doctor not opined about the cause of death. A statement has been made in para-3 of this petition that the petitioner has got no criminal antecedent. Moreover, he is languishing in judicial custody since 10.12.2021.

Learned APP appearing for the state has opposed the prayer of regular bail.

Having heard learned counsel for the parties and considering the facts and circumstances of the case as well as custody of the petitioner, this court is inclined to enlarge the petitioner on bail. The above named petitioner is directed to be released on bail in connection with Ben P.S. Case No. 192 of 2021 on furnishing bail bond of Rs.10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of learned Additional District and Sessions Judge-II, Biharsharif, Nalanda. (Sunil Kumar Panwar, J) lata/- U T