Suresh Sah v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.63341 of 2023 Arising Out of PS. Case No.-305 Year-2021 Thana- HARSIDHI District- East Champaran ====================================================== Suresh Sah Son Of Prabhu Sah R/O Vill - Ramnagar, P.S. - Haridhi, Distt. - East Champaran ... ... Petitioner/S

Versus

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

For the Petitioner/s :

Mr.Abhishek Kumar For the Opposite Party/s :

Mr.Rajendra Singh ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL KUMAR PANWAR ORAL ORDER 19-12-2023 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)/34 of the Indian Penal Code.

It is a case of dowry death due to non fulfillment of dowry demand of Rs. 1,00,000/- and motorcycle. It is submitted by learned counsel for the petitioner that the petitioner is innocent and he, being the husband of the deceased, has falsely been implicated in the present case. He is not named in the F.I.R. and his name sprang up during investigation of the case. There is

Patna High Court CR. MISC. No.63341 of 2023(3) dt.19-12-2023 2/2 inordinate delay of two days in lodging the F.I.R. Moreover, the petitioner is languishing in judicial custody since 05.07.2023. A statement has been made in para 3 of the petition that petitioner has no criminal antecedent. 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 Harsidhi P.S. Case No. 305 of 2021 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 Chief Judicial Magistrate, Motihari, East Champaran.

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