Ashish Kumar v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.34447 of 2025 Arising Out of PS. Case No.-394 Year-2024 Thana- MUNGER MUFFASIL District- Munger ====================================================== Ashish Kumar Son of Devender Sharma @ Devendra Sharma VillageChhuabag, Ps- Kasim Bazar, Dist- Munger ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Shashi Saurabh, Advocate For the Opposite Party/s :
Mr. Meena Singh, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE DR. ANSHUMAN ORAL ORDER 03-06-2025 Heard learned Counsel for the petitioner and learned APP for the State.
2. The present criminal miscellaneous application has been filed under Sections 483 and 484 of the Bharatiya Nagarik Suraksha Sanhita, 2023 (hereinafter referred to as 'the BNSS, 2023') for grant of regular bail to the petitioner who is in custody in connection with Muffasil P.S. Case No. 394 of 2024, lodged on 10.11.2024, under Section 108 of the B.N.S. and Section 3/4 of Dowry Prohibition Act.
3. As per the prosecution, FIR has been lodged against three named accused persons including the present petitioner alleging that the marriage of the daughter of the informant was solemnized with the petitioner six months back and thereafter, demand has been continued from him. It has been alleged that
Patna High Court CR. MISC. No.34447 of 2025(2) dt.03-06-2025 2/3 on the occasion of Chhath Puja the daughter of the informant came to her Mayka on 10.11.2024 at about 04:00 a.m. when the informant knock the door of her daughter then there was no response, when door was broken then it has been found that the daughter of the informant hanged herself and died. It has been alleged that the family of the accused persons have tortured upto that extent she committed suicide.
4. Learned Counsel for the petitioner submits that the petitioner is innocent and has committed no offence. Counsel also submits that from the contents of the FIR it becomes very much clear that marriage of petitioner was solemnized six months back and at that time everything was normal. Counsel submits that from both side there was no complaint against each other, she was living with happy married life and on occasion of Chhath Puja when Mayka people called her, she happily returned to her Mayka and death has been caused at her Mayka itself but with a view to save the skin the father of the daughter has alleged the name of the petitioner's family. Counsel for the petitioner further submits that antecedent of the petitioner is clean and he is in custody since 23.02.2025.
5. Learned APP for the State opposes the prayer for bail of the petitioner and fairly submits that it is true that death
Patna High Court CR. MISC. No.34447 of 2025(2) dt.03-06-2025 3/3 has been caused at Mayka due to suicide but allegation of demand of dowry is there.
6. In the present facts and circumstances of this case, let the petitioner, above named, be released on bail on furnishing bail bond of Rs.30,000/- (Rupees Thirty Thousand) as mentioned in Section 2(1)(d) of the BNSS, 2023 to the satisfaction of learned Chief Judicial Magistrate, Munger, in connection with Muffasil P.S. Case No. 394 of 2024, subject to the conditions as laid down U/s 480(3) of the BNSS, 2023. (Dr. Anshuman, J) mdrashid/- U T