Pappu Kumar @ Pappu Sah@Pappu Saha v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.73625 of 2023 Arising Out of PS. Case No.-330 Year-2022 Thana- NAUGACHIA District- Bhagalpur ====================================================== Pappu Kumar @ Pappu Sah@Pappu Saha S/O Subodh Sah Resident Of Mohalla- Nayatola, P.S. Naugachia, District- Bhagalpur. ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr. N.K. Agrawal, Sr. Adv along with Mr. Pravin Kumar Sinha and Mr. Kumar Rajdeep, Advocates For the State :
Mr. Shyameshwar Dayal, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL KUMAR PANWAR ORAL ORDER 19-01-2024 Heard learned counsel for the petitioner, informant and learned APP for the State.
2. The petitioner has prayed for regular bail in a case instituted for the offence under Sections 304(B), 498(A), 313/34 of the Indian Penal Code and Sections 3/4 of the Dowry Prohibition Act.
3. The allegation against the petitioner along with others is of killing the daughter of the informant, due to nonfulfillment of further dowry demand.
4. It is submitted by learned counsel for the petitioner that petitioner has been falsely implicated in this case due to dirty village politics. He has committed no offence. Petitioner is the husband of the deceased. There is no any prior complaint
Patna High Court CR. MISC. No.73625 of 2023(4) dt.19-01-2024 2/3 regarding assaulting, harassment and torturing to the deceased against the petitioner and others. There has been delay in lodging the FIR and during investigation, this fact has come into light in vide paras- 67, 68 and 75 of the case diary that several independent witnesses have stated that the deceased died due to fall from the roof. He further submitted that charge has already been framed against petitioner and a supplementary affidavit has been filed for bringing on record the proper prescriptions, medicines and treatment of the deceased that has been done by the petitioner in Hospital. Petitioner has got no criminal antecedent as stated in para-3 of the bail petition. He is languishing in judicial custody since 27.03.2023.
5. The application for bail is opposed by learned APP for the State and learned counsel for the informant and submitted that petitioner is the husband of the deceased and she died due to assault.
6. Having heard learned counsel for the parties and considering 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 on furnishing bail bond of Rs. 10,000/- (Rs. ten thousand only) with two sureties of the like amount each to the
Patna High Court CR. MISC. No.73625 of 2023(4) dt.19-01-2024 3/3 satisfaction of the learned 3rd Additional Sessions Judge, Naugachia, Bhagalpur in connection with Naugachia P.S. Case No. 330 of 2022.
(Sunil Kumar Panwar, J) Arish/- U T