Sanjay Ram v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.50177 of 2024 Arising Out of PS. Case No.-261 Year-2020 Thana- SITAMARHI District- Sitamarhi ====================================================== Sanjay Ram S/o Yogendra Ram R/o Village- Mehsaul, Ward No.3, P.S. and District- Sitamarhi ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Alok Kumar Jha, Adv.

For the Opposite Party/s :

Mr.Renu Kumari, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE DR. ANSHUMAN ORAL ORDER 27-09-2024 Heard Learned Counsel for the petitioner and learned APP for the State.

2. The petitioner is apprehending arrest in a case registered for the offences punishable in connection with Sitamarhi P.S. Case No.261 of 2020 under Sections 304B and 34 of the Indian Penal Code.

3. As per the prosecution, the FIR has been lodged against three named accused persons including the petitioner against whom there is allegation that they have killed the informant's sister whose marriage was solemnized with the petitioner and this occurrence has been caused only due to demand of dowry and death of the informant's sister was recovered from pond.

4. Learned Counsel for the petitioner submits that the petitioner is innocent and has committed no offence. He submits that the petitioner is basically victim, who went to Hospital

Patna High Court CR. MISC. No.50177 of 2024(3) dt.27-09-2024 2/2 when he received information that at the time of washing of the cloth, she fell down and her body was found in the nearby pond.

5. Learned Counsel also submits that the petitioner is a labour and in Corona period, he returned back to his whom from Gujarat where he was working earlier. He further submits that antecedent of the petitioner is clean. He also submits that case diary has been called for in early occasion.

6. Learned APP for the State opposes the prayer for bail and submits that from the inquest report and post-mortem report which is part of the case diary, it become crystal clear that injury was found on the body of the deceased and that injury was ante-mortem.

7. In the present facts and circumstances, this Court is not inclined to grant anticipatory bail to the petitioner, therefore the bail application of the petitioner is hereby rejected.

8. However, trial court is directed to consider the regular bail application of the petitioner, if he surrenders within 4 weeks from today and prays for regular bail, then trial court shall pass order without being prejudice of the present order preferably on the same day.

(Dr. Anshuman, J.) Prakashmani/- U T