Ritesh Kumar v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.51402 of 2025 Arising Out of PS. Case No.-336 Year-2024 Thana- SAHPUR District- Patna ====================================================== Ritesh Kumar, S/o Late Ravindra Singh, Resident of Village- Mathiyapur, Near Kali Mandir, P.S.- Shahpur, District- Patna ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Ramakant Sharma, Senior Advocate Mr. Mayank Raj, Advocate Mr. Avinash Kumar, Advocate Mr. Rahul Singh, Advocate For the Opposite Party/s :
Mrs.Asha Devi, Advocate ====================================================== CORAM: HONOURABLE MR. JUSTICE ARUN KUMAR JHA ORAL ORDER 12-08-2025 Heard learned senior counsel appearing on behalf of the petitioner and learned APP appearing on behalf of the State.
2. In the present case, the petitioner seeks bail in connection with Shahpur P.S. Case No. 336 of 2024 for the offence punishable under Sections 80, 3 (5) of BNS, 2023.
3. As per prosecution case, the petitioner was the husband of the daughter of the informant, who committed suicide in her matrimonial home within seven years of marriage.
4. Learned senior counsel appearing on behalf of the petitioner submits that the petitioner is innocent and has been falsely implicated in this case. The petitioner never made any demand of dowry and never tortured his wife. Rather the petitioner helped his wife in completing her graduation and also
Patna High Court CR. MISC. No.51402 of 2025(2) dt.12-08-2025 2/3 helped her in obtaining the degree of B.Ed. A company was also registered in the name of his wife by the petitioner and huge amount was invested. These facts falsify the allegation of demand of dowry or any torture. The learned senior counsel further submits that on a petty issue of petitioner being busy in running his marriage hall and not returning home in the night, the daughter of the informant committed suicide. The post mortem report also shows there was no foul-play and no sign of external injury was found over the body. The learned senior counsel further submits that the police has submitted charge sheet under Section 108 BNS, but there is no material to show abetment of suicide by the petitioner. The petitioner is in custody since 05.03.2025 and he is having clean antecedent.
5. Learned APP vehemently opposes the submission made on behalf of the petitioner. The learned APP submits that the daughter of the informant committed suicide within two years of marriage and the petitioner being husband is solely responsible for her death.
6. Having regard to the facts and circumstances of the case and submissions made on behalf of the parties and considering the charge sheet being submitted for abetment of suicide against the petitioner and further
Patna High Court CR. MISC. No.51402 of 2025(2) dt.12-08-2025 3/3 considering the lack of substantive material for such allegation and also considering the period of custody of the petitioner and his clean antecedent, the petitioner is directed to be released on bail on furnishing bail bond of Rs. 10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of learned Sub-Divisional Judicial Magistrate, Danapur, Patna, in connection with Shahpur P.S. Case No. 336 of 2024, subject to the conditions mentioned in Section 480 (3) of BNSS and also the following conditions :
(i) One of the bailors will be a close relative of the petitioner.
(ii) The petitioner will remain present on each and every date fixed by the court below.
(iii) In case of absence on three consecutive dates or in violation of the terms of the bail, the bail bonds of the petitioner will be liable to be cancelled by the court concerned.
(Arun Kumar Jha, J) V.K.Pandey/- U T