Sonu Kumar @ Sonu Kumar Choudhary v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.52812 of 2023 Arising Out of PS. Case No.-17 Year-2020 Thana- MIRGANJ District- Purnia ====================================================== Sonu Kumar @ Sonu Kumar Choudhary Son Of Krishnadeo Choudhary Resident Of Village- Rajghat Garail, Ps- Mirganj, Dist- Purnia ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. N.K. Agarwal Mr.Dr. Bidhu Ranjan Ms. Diksha Kumari For the Opposite Party/s :

Mr.Ram Bilash Roy Raman ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL KUMAR PANWAR ORAL ORDER 11-12-2023 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 304B, 34 of the Indian Penal Code.

3. As per FIR, the allegation against the petitioner and co-accused persons is that they committed murder after administrating poison in the informant's daughter due to nonfulfillment 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 husband of the deceased due to which he has falsely been implicated in this present

Patna High Court CR. MISC. No.52812 of 2023(4) dt.11-12-2023 2/3 case. The informant is not an eye witness of the alleged occurrence and there is no specific allegation levelled against the petitioner. It is submitted that the deceased solemnized love marriage with the petitioner against will of her family members due to which her family members used to pressurize her to take divorce from the petitioner due to that pressure she consumed THIMET poison. It is further submitted that the petitioner has got no criminal antecedent. Moreover, he is languishing in judicial custody since 04.02.2021.

5. In pursuance to the direction of this Court, a Report with regard to the present stage of trial has been received which has been kept at Flag 'R'. From perusal of this Report, it appears that out of eight charge-sheeted witnesses, not a single witness has been examined as yet and there is no hope to conclude the trial in near future.

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

7. 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 Mirganj P.S. Case No. 17 of 2020

Patna High Court CR. MISC. No.52812 of 2023(4) dt.11-12-2023 3/3 on furnishing bail bond of Rs.10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of learned Additional Sessions Judge-X, Purnea.

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