Ashok Kumar @ Ashok Sah v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.64363 of 2024 Arising Out of PS. Case No.-10 Year-2024 Thana- SANICHARI District- West Champaran ====================================================== Ashok Kumar @ Ashok Sah, Son of Kailash Sah Resident of Village - Donwar, P.S.- Sanichari, District - West Champaran. ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr.Sanjeev Kumar For the Opposite Party/s :
Mr.Rabindra Kumar- A.P.P.
====================================================== CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA ORAL ORDER 17-10-2024
1. Heard learned counsel for the petitioner and learned APP for the State.
2. The petitioner seeks bail in anticipation of his arrest in a case registered for the offences punishable under Section 304B/34 of the Indian Penal Code, but the police has found the occurrence to be true under Section 306/34 of the I.P.C. and Section 67 of the I. T. Act.
3. The learned counsel for the petitioner submits that the petitioner is a person with clean antecedent and is a young boy aged about 18 years and the informant alleges that his daughter was married to Abhishek Tiwari about five years ago. Further, her daughter after marriage was kept well for three years and out of the wedlock, two children were born. It is next alleged that thereafter, for the last one year, the accused persons
2/4 started demanding Rs.5 Lacs and 10 dhoors of land at Nawalpur. Further, on account of non-fulfilment of the demand his daughter was tortured and threatened that she would be killed and the victim used to inform the informant about the torture being meted out. It is next alleged that on 19.03.2024, the villagers informed that his daughter was killed. Accordingly, he reached the place of occurrence and saw the dead body of his daughter lying. Accordingly, the dead body was sent for post mortem and thereafter, last rituals were performed, hence there was some delay in instituting the FIR.
4. The learned counsel for the petitioner submits that petitioner is not named in the FIR, nor he is related to the husband of the deceased in any manner and is a co-villager. It is next submitted that during course of investigation, it transpired that some objectionable pictures of the deceased with her cousin brother in-law was forwarded on mobile of the petitioner, who also forwarded the said message to one person in the village. It is next submitted that it also transpired that on account of the video of the deceased becoming viral with her cousin brother inlaw, as such, she committed suicide. The learned counsel for the petitioner submits that no doubt, during the course of investigation, it has transpired that the petitioner forwarded the
3/4 message to one person, but then, petitioner never realized that the deceased would take such an extreme steps for ending her life. It is also submitted that petitioner is a young boy aged about 18 years and may not have understood the fall out of his action, but then, he was not involved in creating the said video and must have been forwarded by someone in the family as it transpired during the investigation that the picture was intimate. It is also submitted that if petitioner is sent to judicial custody, his entire career would get jeopardized and chances are bright that he may come in contact with hardened criminals. It is next submitted that petitioner will not abscond rather will cooperate in the investigation to prove his innocence.
5. Learned A.P.P. Sri Rabindra Kumar opposes the anticipatory bail application.
6. Considering the submissions made by the learned counsel for the petitioner, the petitioner, above-named, in the event of his arrest or surrender before the learned Court below within a period of six weeks, is directed to be released on bail on his furnishing bail-bonds in the sum of Rs. 10,000/- (Rupees Ten Thousand) with two sureties of the like amount each to the satisfaction of the learned C.J.M., Bettiah, West Champaran/ Successor Court in connection with Sanichari P. S. Case No.10
4/4 of 2024, subject to the conditions laid down under Section 438(2) of the Cr.P.C. with a condition that one of the bailors of the petitioner shall be his father namely Kailash Sah.
7. The application stands allowed.
(Satyavrat Verma, J) vikash/- U T