Sagar Kumar Basak v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.54676 of 2023 Arising Out of PS. Case No.-81 Year-2023 Thana- BAHADURGANJ District- Kishanganj ====================================================== Sagar Kumar Basak S/O Late Mohan Basak R/O Village- Beninagar, Ward No. 10, P.S. Bahadurganj, District- Kishanganj ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Rewti Kant Raman For the Opposite Party/s :

Mr.Dinesh Singh ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL KUMAR PANWAR ORAL ORDER 08-11-2023 Heard learned counsel for the petitioner and learned APP for the State.

2. The petitioner has prayed for regular bail in a case registered for the offence punishable under section 302, 304B, 120B, 34 of the Indian Penal Code.

3. As per FIR, the informant alleged that the petitioner and co-accused persons committed murder of her daughter due to non-fulfillment of dowry demand.

4. Learned counsel appearing on behalf of the petitioner has submitted that petitioner is innocent and has committed no offence. The petitioner is husband of the deceased due to which he has falsely been implicated in this present case. The informant is not an eye witness of the alleged occurrence and there is no specific allegation levelled

Patna High Court CR. MISC. No.54676 of 2023(3) dt.08-11-2023 2/2 against the petitioner. It is further submitted that the petitioner himself had informed the father and mother of the deceased while deceased was on treatment in the hospital later on she died and the petitioner has been made accused in this case. There is no prior complaint of harassment, ill treatment and assaulting lodged against the petitioner has got no criminal antecedent. Moreover, he is languishing in judicial custody since 06.03.2023.

5. Learned APP appearing for the State has vehemently opposed the prayer of Bail.

6. Having heard learned counsel for the parties and considering the facts and circumstances of the case as well as judicial custody, this court is inclined to enlarge the petitioner on bail. The above named petitioner is directed to be released on bail in connection with Bahadurganj P.S. Case No. 81 of 2023 on furnishing bail bond of Rs.10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of learned CJM, Kishanganj.

(Sunil Kumar Panwar, J) manishkumar/- U T