Amod Kumar v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.80857 of 2025 Arising Out of PS. Case No.-1229 Year-2023 Thana- GAYA MUFASIL District- Gaya ====================================================== Amod Kumar S/o Raj Kumar Sharma R/o Village - Etwarpur Sisaula, P.S - Lalganj, District - Vaishali ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Aryan Singh, Adv For the Opposite Party/s :
Mr. Lakshmi Kant Sharma, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE ASHOK KUMAR PANDEY ORAL ORDER 03-12-2025 Heard learned counsel for the petitioner and learned APP for the State.
2. The petitioner has prayed for regular bail in a case registered for the offence punishable under Sections 304(B) and 34 of the I.P.C.
3. The case of the prosecution, in short, is that, on 09.12.2023 at about 12:00 P.M., the informant received an information that his daughter has been killed. On this information, he went to the matrimonial home of his daughter where he came to know that his daughter has been killed by hanging. It is further alleged that the daughter of the informant was being subjected to cruelty by in-laws due to non-fulfillment of demand of Rs. 2,00,000/-.
4. Learned counsel for the petitioner submits that the
Patna High Court CR. MISC. No.80857 of 2025(2) dt.03-12-2025 2/3 petitioner is innocent and has committed no offence. Learned counsel for the petitioner has submitted that the informant has given his evidence before trial Court as PW-2 and his examination in-chief in para 5, he has stated that his daughter was having heart problem and she was ill. In the crossexamination, he stated that his daughter was ill from two days and he was informed by the petitioner regarding the said occurrence and the cremation was done before him. Learned counsel for the petitioner has further submitted that from evidence of informant, it is evident, that the death was natural and as such the allegation against the petitioner under Section 80 of the B.N.S. is not attracted. The petitioner has clean criminal antecedent as stated in para 3 of the bail petition. Moreover, the petitioner is languishing in judicial custody since 21.10.2024.
5. Learned APP appearing for the State has vehemently opposed the prayer of regular bail.
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 released on bail in connection with Gaya Muffasil P.S. Case No. 1229 of 2023 on furnishing bail
Patna High Court CR. MISC. No.80857 of 2025(2) dt.03-12-2025 3/3 bond of Rs.10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of learned Additional Sessions Judge-XIII, Gaya/concerned trial Court.
7. Accordingly, the application stands allowed. (Ashok Kumar Pandey, J) Jyoti/- U T