Sumant Kumar v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.59391 of 2024 Arising Out of PS. Case No.-280 Year-2022 Thana- SAKURABAD District- Jehanabad ====================================================== Sumant Kumar, aged about 28 years, Gender-Male, Son of Ramanand Yadav, R/O Khairuchak Mathiya, P.S.- Shakurabad, Dist.- Jehanabad. ... ... Petitioner
Versus
The State Of Bihar ... ... Opposite Party ====================================================== Appearance :
For the Petitioner :
Mr. Rama Kant Singh, Advocate For the Opposite Party :
Mrs. Madhuri Lata, A.P.P.
====================================================== CORAM: HONOURABLE MR. JUSTICE CHANDRA PRAKASH SINGH ORAL ORDER 05-09-2024 Heard learned counsel for the petitioner and learned A.P.P. for the State.
2. The petitioner seeks bail in connection with Shakurabad P.S. Case No. 280 of 2022 dated 29.12.2022 registered for the offences punishable under Sections 304B and 201/34 of the I.P.C.
3. As per the prosecution case, the petitioner and the co-accused persons are alleged to have committed murder of the informant's daughter due to non-fulfilemnt of demand of a motorcycle and Rs. 5,00,000/- as dowry.
4. Learned counsel for the petitioner has submitted that the petitioner is innocent and has falsely been implicated in this case. It is submitted that the petitioner is the husband of the
Patna High Court CR. MISC. No.59391 of 2024(2) dt.05-09-2024 2/3 deceased. The petitioner neither demanded any dowry nor tortured the deceased. There is general and omnibus allegation against the petitioner. There is no specific overt act against the petitioner. It is further submitted that it is completely false to say that the deceased had died within seven years of her marriage rather the marriage took place between the parties ten years ago and since last year the wife of the petitioner (deceased) become mentally disturbed and left the matrimonial house and on search her dead body was recovered. The charge has already been framed and after lapse of several dates, the prosecution has failed to examine any witness. The petitioner is a social person and also belongs to a respectable family members.
It is submitted that the other co-accused person, namely, Ramanand Yadav, has already been granted bail by a Bench of this Court vide Cr. Misc. No. 50741 of 2023 under order dated 17.08.2023. The petitioner has clean antecedent as stated in paragraph no. 3 of the bail petition. He is in custody in this case since 26.05.2023.
5. Learned A.P.P. for the State has vehemently opposed the bail petition of the petitioner and submitted that the petitioner is the husband of the deceased.
6. Considering the aforesaid facts and circumstances
Patna High Court CR. MISC. No.59391 of 2024(2) dt.05-09-2024 3/3 of the case as well as the period of custody, the petitioner, above named, is directed to be enlarged on bail on furnishing bail bond of Rs. 20,000/- (Rupees Twenty Thousand) with two sureties of the like amount each to the satisfaction of learned Ist Additional Sessions Judge, Jehanabad in connection with Shakurabad P.S. Case No. 280 of 2022 with further condition:- (I) The petitioner is directed to remain physically present before the learned court below on each and every date, failing which on two consecutive dates without reasonable cause, the bail bonds of the petitioner are liable to be cancelled.
7. The application stands allowed.
(Chandra Prakash Singh, J) U.K./- U T