Pawan Poddar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.52553 of 2023 Arising Out of PS. Case No.-53 Year-2023 Thana- BHARGAMA District- Araria ====================================================== PAWAN PODDAR SON OF NARESH PODDAR VILLAGE HINGWA POLICE STATION BHARGAMA DISTRICT ARARIA ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Kundan Kumar Singh For the Opposite Party/s :

Mr.Nitya Nand Tiwary ====================================================== CORAM: HONOURABLE MR. JUSTICE RAMESH CHAND MALVIYA ORAL ORDER 26-02-2024 Heard learned counsel appearing on behalf of the parties.

2.

The petitioner seeks bail in connection with Bhargama P.S. Case No.53 of 2023 registered for the offence under Sections 304B/34 of the Indian Penal Code. 3.

Allegation against the petitioner is to have committed murder of sister of the informant, due to nonfulfillment of demand of dowry, where, deceased is wife of this petitioner.

4.

Learned counsel appearing on behalf of the petitioner has submitted that petitioner has falsely been implicated in the present case merely on the basis of suspicion. It is submitted that petitioner is husband of the deceased and there is no specific allegation against the petitioner. It is also

Patna High Court CR. MISC. No.52553 of 2023(4) dt.26-02-2024 2/2 submitted that death of the deceased is natural. It is submitted that it appears from postmortem report that no definite opinion can be given regarding cause of death, however, viscera preserved for chemical analysis, forensic. It is also submitted that it appears from FSL report that no Metallic, Alkhloidal, Glycosidal, Pesticidal or Volatile poison could be detected in the contents of plastic jar as described. It is further submitted that petitioner is a man of clean antecedent and he is in custody since 25.02.2023.

5.

Learned APP appearing for the State, opposes the prayer for bail of the petitioner. 6.

Considering the facts and circumstances and submissions made on behalf of the petitioner and as no definite opinion appears in postmortem report regarding cause of death, let the petitioner, above named, is directed to be released on bail in connection with Bhargama P.S. Case No.53 of 2023 on furnishing bail bonds of Rs.10,000/- (Rupees Ten Thousand) with two sureties of the like amount each to the satisfaction of learned Judicial Magistrate, 1st Class, Araria. (Ramesh Chand Malviya, J) S.Katyayan/- U T