Sonu Kumar Sah v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.55741 of 2022 Arising Out of PS. Case No.-260 Year-2022 Thana- EKMA District- Saran ====================================================== Sonu Kumar Sah S/O Late Ramesh Sah R/O Aamdhari Karnpura, P.S.- Ekma, Distt- Saran.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Anuj Kumar Shrivastava For the Opposite Party/s :

Mr.Akshay Lal Pandit ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL KUMAR PANWAR ORAL ORDER 02-02-2023 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 connection with Ekma P.S. Case No. 260 of 2022 registered under Sections 304(B), 302 and 34 of the Indian Penal Code.

It is a case of dowry death due to non-fulfillment of dowry demand of money from the informant's daughter. Learned counsel for the petitioner submits that petitioner is innocent and has committed no offence. He has falsely been implicated in this present case. A statement has been made in para-3 of this petition that the petitioner has got no criminal antecedent. It is further submitted that petitioner is a Class-D Railway employee and on the previous date of occurrence he slept at ground floor, on next morning he wake up and called

Patna High Court CR. MISC. No.55741 of 2022(4) dt.02-02-2023 2/2 his wife but he found no response from his wife, then he went to upper floor of the house where he saw that his wife(deceased) hanged herself. After that the petitioner informed the parents of the deceased. From postmortem report, it shows that the reason of death is due to hanging. There is no earlier complaint in respect of misbehave and demand of dowry, has been made from the deceased and her maternal family and also there is no documentary proof of misbehave, assault and torture. Petitioner is languishing in judicial custody since 16.06.2022. The application for bail is vehemently opposed by learned APP for the State.

Having heard learned counsel for the parties and taking into consideration the facts and circumstances of the case, the Court is inclined to enlarge the petitioner on bail. The above named petitioner is directed to be enlarged on bail in connection with Ekma P.S. Case No. 260 of 2022 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 1st Additional Chief Judicial Magistrate, Saran at Chapra.

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