Sonu Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.55226 of 2023 Arising Out of PS. Case No.-119 Year-2023 Thana- DANAPUR District- Patna ====================================================== Sonu Kumar son of Mr. Rajeshwar Ray @ Rajeshwar Prasad Ray R/o- Gola Road Jhakari Mahadeo Ps- Danapur Dist- Patna ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Vaishnavi Singh For the Opposite Party/s :

Mr.Pushpa Sinha.1 ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL KUMAR PANWAR ORAL ORDER 20-09-2023 Heard learned counsel for the petitioner and learned APP for the State.

The petitioner has filed the instant application for grant of regular bail in a case registered for the offences punishable under Sections 304(B) of the Indian Penal Code in which chargesheet has been submitted under Section 304 (B)/34 of the Indian Penal Code.

As per prosecution case, the informant alleged that his sister has been killed by the petitioner along with other accused persons due non-fulfillment of dowry demand in abnormal circumstances within the seven years of marriage. It is submitted by learned counsel for the petitioner that the petitioner is innocent and has committed no offence. Petitioner is the husband of the deceased and he has been falsely implicated

Patna High Court CR. MISC. No.55226 of 2023(3) dt.20-09-2023 2/2 in this case. There is no prior complain of torture and ill treatment to the deceased made against the petitioner. No one is the eye witness of the alleged occurrence. It is case of hanging and in postmortem report, doctor opined that death was caused by asphyxia due to hanging leading to cardio respiratory failure and ligature mark was found on neck of the deceased. A statement has been made in para 3 of the petition that petitioner has no criminal antecedent. It is further submitted that petitioner is languishing in judicial custody since 16.03.2023.

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

Having heard learned counsel for the parties and taking into consideration the facts and circumstances of the case as well as period of custody, this Court is inclined to enlarge the petitioner on bail. The above named petitioner is directed to be enlarged on bail in connection with Sessions Trial No. 768 of 2023 arising out of Danapur P.S. Case No.119 of 2023 on furnishing bail bond of Rs. 10,000/- (Rupees ten thousand) with two sureties of the like amount each to the satisfaction of the learned Additional Sessions Judge-III, Danapur (Patna).

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