Sanjay Ram v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.59159 of 2024 Arising Out of PS. Case No.-221 Year-2023 Thana- MANJHAGARH District- Gopalganj ====================================================== Sanjay Ram Son of Parmeshwar Ram R/O Vill.- Fulwariya, P.S.- Manjhagarh, Dist.- Gopalganj.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Lokesh Kumar Singh, Advocate For the Opposite Party/s :

Ms. Rita Verma, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RAMESH CHAND MALVIYA ORAL ORDER 14-02-2025 Heard learned counsel for the petitioner and learned APP for the State.

2. The petitioner is in custody in a case registered for the offence punishable under Section 304(B)/34 of the Indian Penal Code.

3. As per allegation in the FIR, it is a case of dowry death to the deceased due to non-fulfilment of dowry demand by the petitioner and his family members.

4. Learned counsel for the petitioner has submitted that petitioner has falsely been implicated in this case. He next submits that the petitioner is the husband of the deceased and there is no direct allegation against him and petitioner has got clean antecedent as stated in para-3 of the petition and he is in

Patna High Court CR. MISC. No.59159 of 2024(6) dt.14-02-2025 2/3 custody since 02.11.2023. He next submits that the marriage took place in the year year 2018 and during curse of investigation, it transpired that the petitioner was living at abroad for his livelihood and therefore, he has got no concern with the affairs of the deceased and also submits that the deceased herself has committed suicide and nobody has tortured the deceased for the demand of dowry.

5.

Learned APP appearing for the State, opposes the prayer for bail of the petitioner. 6.

On perusal of the first information report, case diary, postmortem report of the deceased, FSL report and impugned order dated 26.06.2024, it appears from the postmortem report that the cause of death was not ascertained and the result of examination of FSL shows that no metallic, alkaloidal, glycosidal, pesticidal or volatile poison could be detected in the contents of all the seven small plastic containers. The petitioner is in custody for more than one year in custody, so I am inclined to grant bail to the petitioner.

7. Accordingly, let the above named petitioner 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 Additional Sessions Judge-XII,

Patna High Court CR. MISC. No.59159 of 2024(6) dt.14-02-2025 3/3 Gopalganj in connection with Sessions Trial No. 221 of 2024 arising out of Manjhagarh P.S. Case No. 221 of 2023. (Ramesh Chand Malviya, J) Brajesh Kumar/- U T