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Patna High CourtCR. MISC./33967/2025bail granted

Santosh Kumar Saday @ Santosh Saday @ Santosh Kumar v. The State Of Bihar

2025-09-04Mr. Justice Arun Kumar Jha3 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.33967 of 2025 Arising Out of PS. Case No.-427 Year-2024 Thana- BABUBARHI District- Madhubani ====================================================== Santosh Kumar Saday @ Santosh Saday @ Santosh Kumar S/o Shree Ram Sundar Saday R/o Village- Bairiya, Mushari, Satghra, P.S.- Babubarhi, District- Madhubani ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Jitendra Kumar Bharti, Adv.

For the Opposite Party/s :

Mr.Md. Mushtaque Alam, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE ARUN KUMAR JHA ORAL ORDER 04-09-2025 Heard learned counsel for the petitioner and learned APP for the State.

2. In the present case, the petitioner seeks bail in connection with Babubarhi P.S. Case No. 427 of 2024 registered on 21.09.2024 for the offences under Sections 85 and 108 of the BNS.

3. As per prosecution case, due to the conduct of the petitioner, his wife committed suicide by consuming poison.

4. Learned counsel appearing on behalf of the petitioner submits that the petitioner is innocent and has been falsely implicated in this case. Petitioner did not instigate or abet the daughter of the informant in committing suicide. Petitioner and the deceased have three children. Petitioner never demanded any dowry nor tortured his wife and the prosecution

Patna High Court CR. MISC. No.33967 of 2025(4) dt.04-09-2025 2/3 case is not believable. Petitioner is in custody since 28.10.2024 and charge-sheet has been submitted. Petitioner is having antecedent of one case in which he is on bail.

5. Learned A.P.P. opposes the submission made on behalf of the petitioner.

6. Having regard to the facts and circumstances and submissions made on behalf of the parties and considering the period of custody of the petitioner and submission of chargesheet, the petitioner above named is directed to be released on bail on furnishing bail bonds of Rs. 10,000/- (Rupees Ten Thousand Only) with two sureties of the like amount each to the satisfaction of learned Judicial Magistrate-1st Class, Madhubani/concerned court in connection with Babubarhi P.S. Case No. 427 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

Patna High Court CR. MISC. No.33967 of 2025(4) dt.04-09-2025 3/3 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