Satish Sah @ Satish Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.49067 of 2021 Arising Out of PS. Case No.-73 Year-2019 Thana- DEWARIA District- Muzaffarpur ====================================================== Satish Sah @ Satish Kumar S/O Sri Mithilesh Sah Resident Of Dumri Parmandpur, P.S.- Deoria, District- Muzaffarpur ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Deepak Sahay Jamuar,Advocate For the Opposite Party/s :

Mr. Satyendra Narayan Singh, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE HARISH KUMAR ORAL ORDER 06-07-2022 Let the defects, if any, be removed within four weeks from today.

Heard Mr. Deepak Sahay Jamuar, learned counsel for the petitioners as well as learned Additional Public Prosecutor for the State.

The petitioners seek bail in connection with Deoria Case No. 73 of 2019 registered for the offences punishable under Sections 304B/34 of the Indian Penal Code. As per prosecution case, it is alleged that the marriage of the sister of the informant was solemnized two years ago. Soon after her marriage, she was subjected to torture for demand of dowry and due to non fulfillment of the same , she was burnt to death by the petitioner and his family members. It is submitted by the learned counsel for the

Patna High Court CR. MISC. No.49067 of 2021(6) dt.06-07-2022 2/3 petitioner that there is no specific allegation against this petitioner rather general and omnibus allegation has been levelled against all the family members of the petitioner. It is further submitted that in fact, the deceased died on account of accidental death and this FIR has been instituted only on suspicion. It is next submitted that during the course of trial , the informant and other charge sheeted witnesses have been examined and they categorically stated that there has never been any demand of dowry rather the deceased died on account of accidental death. In support of his contention a supplementary affidavit has been filed bringing on record the depositions of informant and others.

On the other hand, learned APP for the State opposes the bail application of the petitioners but he fairly submits that since the prosecution witnesses have not supported the prosecution case nothing remained else.

Having considered the submissions made on behalf of the learned counsel for the parties and taking into consideration the deposition of the informant and other prosecution witnesses, who have not supported the prosecution case and petitioner is in custody since 06.04.2021, let the petitioner above named, be released on bail, on furnishing bail bonds of Rs.

Patna High Court CR. MISC. No.49067 of 2021(6) dt.06-07-2022 3/3 20,000/- (Rupees twenty thousand) each with two sureties of the like amount each to the satisfaction of learned Judicial Magistrate, 1st class, Muzaffarpur in connection with Deoria P.S.Case No. 73 of 2019 with the following conditions:- (i) One of the bailors should be the close relatives of the petitioner.

(ii) The petitioner will cooperate in the investigation as well as in conclusion of the trial.

(iii) He will not try to tamper with the evidence or intimidate the witnesses in course of investigation or during the course of trial.

(Harish Kumar, J.) N.K/- U T