Sonu Kumar @ Sonu Thakur v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.47424 of 2025 Arising Out of PS. Case No.-250 Year-2025 Thana- PHULWARISHARIF District- Patna ====================================================== Sonu Kumar @ Sonu Thakur Son of Late Mahendra Thakur R/O VillHarnichak Mahuli Tola, P.S.1- Phulwari Sharif, District- Patna ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr.Vinod Pandey, Advocate For the Opposite Party/s :
Mr.Awadhesh Kumar Singh, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE ARUN KUMAR JHA ORAL ORDER 30-07-2025 Heard learned counsel for the petitioner and learned APP for the State.
2. In the present case, the petitioner seeks bail in connection with Phulwari Sharif P.S. Case No. 250 of 2025 registered for the offences under Sections 238, 80 and 3(5) of the B.N.S.
3. As per prosecution case, daughter of the informant was married with the petitioner in the year 2020 and allegation against the petitioner and other co-accused persons is that they used to demand money and further used to assault and mentally torture her. On 14.02.2025, the informant received news on his mobile phone from some villager about death of her daughter in her matrimonial home.
4. Learned counsel appearing on behalf of the
2/4 petitioner submits that the petitioner is innocent and has been falsely implicated in this case. More than 4 years of marriage elapsed but there has been no complaint against the petitioner for committing any cruelty on the deceased. The daughter of the informant died a natural death due to brain hemorrhage as the deceased had been suffering from serious diseases. She was being treated in NMCH, Patna. Deceased died due to lack of protein, vitamin and while undergoing treatment for anemia. Post-mortem report shows no unnatural death and viscera has been kept preserved. Learned counsel further submits that other co-accused persons have been granted anticipatory bail by the learned Additional Sessions Judge-XXX, Patna. Petitioner is a tempo driver and there is no material on record against the petitioner.
Even during investigation the statement of independent witnesses has been recorded which shows deceased Neha Kumari died due to severe deceased and complaint has been made against the petitioner for not taking proper care of her. The petitioner is in custody since 05.05.2025 who is having clean antecedent.
5. Learned A.P.P. opposes the submission made on behalf of the petitioner. Learned APP submits that there is allegation against the petitioner and other co-accused is that
3/4 they used to torture the daughter of the informant and causing dowry death.
6. Having regard to the facts and circumstances and submissions made on behalf of the parties and considering the possibility that the death of the daughter of the informant was natural and further considering the doubtful nature of allegations against the petitioner and also considering the period of custody of the petitioner and his clean antecedent, the petitioner above named is directed to be released on bail on furnishing bail bonds of Rs. 10,000/- (Rupees Ten Thousand Only) each with two sureties of the like amount to the satisfaction of learned ACJMIV, Patna/concerned court in connection with Phulwarisharif P.S. Case No. 250 of 2025, 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
4/4 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