Sk. Sahu @ Saud Alam v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.77449 of 2023 Arising Out of PS. Case No.-70 Year-2023 Thana- KATIHAR MUFFASIL District- Katihar ====================================================== Sk. Sahu @ Saud Alam Son Of Sekh Sohrab Resident Of Village - Partaili, P.S. - Katihar (Muffasil), District - Katihar. ... ... Petitioner/S

Versus

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

For the Petitioner/s :

Mr.Pawan Kumar Singh For the Opposite Party/s :

Mr.Rana Randhir Singh ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL KUMAR PANWAR ORAL ORDER 27-02-2024 Heard learned counsel for the petitioner 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)/34 of the Indian Penal Code.

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

Patna High Court CR. MISC. No.77449 of 2023(3) dt.27-02-2024 2/3 the husband of the deceased. There is no any prior complaint regarding assaulting, harassment and torturing to the deceased against the petitioner and others. There is no consistent evidence and no eye-witness of the alleged occurrence to show his complicity in the alleged occurrence. Only on the basis of suspicion, petitioner has been implicated in the present case. He submitted that the deceased was a short temper lady and for a minor family dispute, She herself committed suicide by hanging. During trial, PW-1, who is the sister of the deceased and PW-2, who is the informant of this case have not supported the prosecution case in their depositions and declared hostile. From the perusal of the postmortem report, the doctor opined that the death is caused by Asphyxia as a result of hanging. Petitioner has got no criminal antecedent as stated in para-3 of the bail petition. He is languishing in judicial custody since 07.08.2023.

5. The application for bail is opposed by learned APP for the State.

6. Having heard learned counsel for the parties and considering the facts and circumstances of the case, this court is inclined to enlarge the petitioner on bail. The above named petitioner is directed to be enlarged on bail on furnishing bail

Patna High Court CR. MISC. No.77449 of 2023(3) dt.27-02-2024 3/3 bond of Rs. 10,000/- (Rs. ten thousand only) with two sureties of the like amount each to the satisfaction of the learned Court concerned in connection with Katihar Muffasil P.S. Case No. 70 of 2023.

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