Abbas Sai @ Abbash Sai v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.32334 of 2025 Arising Out of PS. Case No.-189 Year-2024 Thana- KATEYA District- Gopalganj ====================================================== Abbas Sai @ Abbash Sai S/O Taswar Sai @ Tasauwar Sai Resident of village - Sidharia, Police Station - Kateya, Distt.- Gopalganj. ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Ms. Tooba Hera, Adv.
For the State :
Mr. Dr. Kumar Uday Pratap, APP.
====================================================== CORAM: HONOURABLE JUSTICE SMT. SONI SHRIVASTAVA ORAL ORDER 19-05-2025 Heard learned counsel for the petitioner and learned APP for the State.
2. The petitioner seeks bail in a case registered for the offences punishable under Section 304B of the Indian Penal Code and Sections 3 & 4 of the Dowry Prohibition Act.
3. All the F.I.R. named accused persons including the petitioner, on non-fulfillment of demand of dowry, in furtherance of the common intention are said to have committed murder of the daughter of the informant.
4. Learned counsel for the petitioner submits that the allegations made in the FIR are not correct and as a matter of fact, the deceased was never subjected to any demand of dowry or torture and this fact has been substantiated by the prosecution witnesses themselves who have been examined during the
Patna High Court CR. MISC. No.32334 of 2025(2) dt.19-05-2025 2/3 course of trial in the present case. The depositions of four out of seven witness, who have been examined as of date, have been brought on record by way of Annexure-P/2. It would appear from a perusal of the depositions of these witnesses that they have not supported the case of prosecution and have rather stated in cross-examination that no torture was caused to the deceased and these witnesses include the informant who is father of the deceased and also mother and other family members who have been declared hostile. It is further submitted that the postmortem report of the deceased also discloses that the cause of death was asphyxia as a result of hanging. The further submission on behalf of the petitioner is that the official witnesses, who are investigating officer and doctors, are still to be examined and hence, there is no likelihood of conclusion of the trial in near future. It is next submitted that the petitioner has been languishing in custody since 01.07.2024.
5. Learned APP for the State opposes the prayer for bail. 6.
Considering the above-mentioned facts and circumstances, the above named petitioner is directed to be enlarged on bail on furnishing bail bond of Rs. 10,000/- (Rupees Ten Thousand) with two sureties of the like amount each to the satisfaction of the learned Court below where the case is
Patna High Court CR. MISC. No.32334 of 2025(2) dt.19-05-2025 3/3 pending/successor Court in connection with Kateya P.S. Case No. 189 of 2024.
(Soni Shrivastava, J) divyanshi/- U T