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Patna High CourtCR. MISC./41540/2025bail granted

Amarjeet Kumar @ Amarjit Kumar v. The State Of Bihar

2025-09-15Mr. Justice Arun Kumar Jha4 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.41540 of 2025 Arising Out of PS. Case No.-210 Year-2024 Thana- GOH District- Aurangabad ====================================================== Amarjeet Kumar @ Amarjit Kumar S/o Ashok Paswan R/o vill - Koshidhra, P.S.- Goh, Distt.- Aurangabad ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Aryan Singh, Advocate For the Opposite Party/s :

Mr.Choubey Jawahar, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE ARUN KUMAR JHA ORAL ORDER 15-09-2025 Heard learned counsel for the petitioner and learned APP for the State.

2. In the present case, the petitioner seeks bail in connection with Sessions Trial No. 77 of 2025/17 of 2025, arising out of P.S. Case No. Goh P.S. Case No. 210 of 2024 registered for the alleged offences under Sections 103, 80, 3(5) of B.N.S.

3. As per prosecution case, the petitioner was married with the sister of the informant and there is allegation of demand of motorcycle and cash in dowry. Further, the allegation is that the petitioner and other co-accused persons hanged the sister of the informant causing her death.

4. Learned counsel for the petitioner submits that the petitioner is innocent and has been falsely implicated in this case. The deceased was having illicit relationship with one

2/4 Deepak Kumar and she was married with the petitioner against her will. The postmortem report shows the sister of the informant died due to asphyxia leading to death caused by hanging and no visible injury was found on the dead body. The inquest report and postmortem were made prior to registration of the FIR which shows the falsity of the prosecution case. Learned counsel further submits that the marriage took place on 12.07.2024 and the deceased was found dead on 20.07.2024 and the allegation of demand of dowry and consequent killing of the sister of the informant are completely unbelievable.

The police, during investigation, found some chats, recordings and call logs, which show the deceased was in continuous contact with Deepak Kumar with whom the deceased wanted to marry but her marriage was solemnized with this petitioner and for this reason, she committed suicide by hanging herself. Learned counsel further submits that on the same day, the grandmother of the petitioner died at his native village on 20.07.2024 at 10.00 AM and the petitioner along with others went for cremation and was not even present at the place of occurrence. The petitioner is in custody since 15.09.2024 and charge sheet has been submitted. The petitioner has got no criminal antecedent.

5. Learned APP opposes the submission made on

3/4 behalf of the petitioner. Learned APP submits that the petitioner is the husband and there is specific allegation of demand of dowry against him.

6. Having regard to the facts and circumstances and submissions made on behalf of the parties and considering the doubtful nature of allegation against the petitioner and also considering the period of custody of the petitioner, his clean antecedent and submission of charge sheet, the petitioner above named is directed to be released on bail on furnishing bail bonds of Rs. 10,000/- (Ten Thousand) with two sureties of the like amount each to the satisfaction of learned Additional District & Sessions Judge-II, Aurangabad/concerned Court in connection with Sessions Trial No. 77 of 2025/17 of 2025, arising out of Goh P.S. Case No. 210 of 2024, subject to the conditions mentioned in Section 480(3) of B.N.S.S. and also the 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

4/4 consecutive dates or in violation of the terms of the bail, the bail bond of the petitioner will be liable to be cancelled by the court concerned.

(Arun Kumar Jha, J) DKS/- U T