Sujit Kumar Sah v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.52700 of 2022 Arising Out of PS. Case No.-5 Year-2022 Thana- BARURAJ District- Muzaffarpur ====================================================== Sujit Kumar Sah Son Of Ram Autar Sah R/O Village - Korigavan, P.S.- Baruraj, District- Muzaffarpur ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Ravi Ranjan For the Opposite Party/s :

Mr.Awadhesh Kumar Singh ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL KUMAR PANWAR ORAL ORDER 01-08-2023 Heard learned counsel for the petitioner and learned A.P.P for the State.

The petitioner is languishing in custody in a case registered for the offences punishable under Sections 304(B)/34 of the Indian Penal Code.

It is a case of commission of murder of the grand-daughter of the informant by all her in-laws family members including the petitioner for non-fulfillment of dowry demand.

It is submitted by learned counsel for the petitioner that petitioner is innocent and he has falsely been implicated in this case. The petitioner is husband of

Patna High Court CR. MISC. No.52700 of 2022(5) dt.01-08-2023 2/3 the deceased. The petitioner is not named in the F.I.R. There is no prior complaint against the petitioner. The petitioner and the deceased were leading happy conjugal life and out of wedlock, a child was born. The postmortem report of the deceased suggests that death is caused by asphyxia as a result of ante-mortem hanging. The viscera report of the deceased also suggests that no poison was detected. The petitioner is in custody since 05.05.2022. A statement has been made in para 3 of the petition that petitioner has clean antecedent.

Learned A.P.P appearing on behalf of the State has vehemently opposed the prayer for bail of the petitioner and submitted that petitioner is husband of the deceased and he was fully responsible for commission of murder of the deceased.

Considering the facts aforesaid and the period under custody, let the petitioner, above named, be released on bail on furnishing bail bonds of Rs. 10,000/-

Patna High Court CR. MISC. No.52700 of 2022(5) dt.01-08-2023 3/3 (ten thousand) with two sureties of the like amount each to the satisfaction of learned Judicial Magistrate, 1st Class, Muzaffarpur, West in connection with Baruraj P.S. Case No. 05 of 2022.

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