Sahil Kumar @ Amrit Raj v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.84829 of 2024 Arising Out of PS. Case No.-405 Year-2023 Thana- BIHTA District- Patna ====================================================== Sahil Kumar @ Amrit Raj S/o Sunil Sah @ Sunil Saw @ Sunil Prasad @ Sunil Sao R/o vill - Srirampur, P.S- Bihta, Distt.- Patna ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr.Kumar Prabhakar, Adv.
For the Opposite Party/s :
Mr.Nagendra Prasad, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE CHANDRA PRAKASH SINGH ORAL ORDER 27-02-2025 Heard learned counsel for the petitioner and learned Additional Public Prosecutor for the State.
2. The petitioner is apprehending his arrest in a case in connection with S.T. No. 1094/ 2023 arising out of Bihta P.S. Case No. 405 of 2023 dated 28.04.2023 registered for the offences punishable u/ss 304B read with Section 34 of the Indian Penal Code.
3. As per the prosecution case, the petitioner and the coaccused persons are alleged to have tortured the informant's sister mentally and physically due to non-fulfillment of demand of dowry. Subsequently, the informant's sister died after consuming poison due to cruelty of the accused persons.
4. Learned counsel for the petitioner has submitted that the petitioner is innocent and has falsely been implicated in this case. The petitioner is the brother-in-law of the deceased and he has no concern with the alleged offence. The petitioner neither
Patna High Court CR. MISC. No.84829 of 2024(2) dt.27-02-2025 2/2 demanded any dowry nor tortured the informant's sister. There is general and omnibus allegation against the petitioner. It is further submitted that the husband of the deceased has already in custody since 14.07.2023. The co-accused persons have already been granted regular bail by this court vide order dated 07.05.2024 passed in Cr. Misc. No. 15758 of 2024. The petitioner has no criminal antecedent as stated in para 3 of the bail petition.
5. Learned A.P.P. for the State has vehemently opposed the bail petition of the petitioner.
6. Considering the aforesaid facts and circumstances of the case as well as the allegation being general and omnibus against the petitioner, let the above named petitioner, in the event of his arrest/surrender within a period of six weeks from today, be enlarged on bail on furnishing bail-bond of Rs. 20,000/- (Rupees Twenty thousand) with two sureties of the like amount each to the satisfaction of learned court concerned, Danapur in connection with Bihta P.S. Case No. 405 of 2023, subject to conditions as laid down under Section 438(2) of the Code of Criminal Procedure.
7. This application stands allowed.
(Chandra Prakash Singh, J) Gautam/- U T