Sunil Kumar Musahar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.88291 of 2024 Arising Out of PS. Case No.-55 Year-2024 Thana- NAURANGIA District- West Champaran ====================================================== Sunil Kumar Musahar S/O Lal Bihari Musahar R/O Village - Kerai, P.S.- Naurangiya, Dist. - West Champaran ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Vijay Kr Singh No. 1, Advocate For the Opposite Party/s :

Mr. Binod Kumar, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE ASHOK KUMAR PANDEY ORAL ORDER 22-03-2025 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 80, 3(5) of the BNS.

3. The case of the prosecution is that the petitioner was married to the daughter of the informant six years ago. It is submitted in the FIR that the relation of the petitioner with the deceased was all well till two years. After that, the in-laws started demanding dowry. On 07.08.2024, the informant received an information that his daughter has been killed by the petitioner and her in-laws.

4. Learned counsel for the petitioner submits that the petitioner is innocent and has committed no offence. He has

Patna High Court CR. MISC. No.88291 of 2024(3) dt.22-03-2025 2/3 falsely been implicated in this case. He has got no criminal antecedent. It is also submitted that that in case the dead body was recovered from the forest, the deceased was found hanging on a tree and from perusal of Para Nos. 47, 48 and 49 of the case diary, it will transpires that the villagers has stated that the deceased was caught red handed with one Vikash Kumar and for that, there was a Panchayat, but both denied to marry. It has further stated by the witnesses that due to this occurrence, the deceased was in stress. On 07.08.2024, when the petitioner has gone for his treatment at Harnatand and family members have gone somewhere, the deceased was alone at home. She took a hasua and rope and went towards jungle.

When she did not return for a considerable time, she was being searched and her dead body was found hanging in a tree. In this case, there is no specific allegation against any demand of dowry. The witnesses have stated that the deceased was having illicit relation. It was known to her in-laws and due to which she was in stress. The dead body was found in a jungle on tree. Petitioner is husband. It is further submitted that the petitioner is languishing in judicial custody since 08.08.2024.

5. Learned APP appearing for the state has opposed the prayer of regular bail.

Patna High Court CR. MISC. No.88291 of 2024(3) dt.22-03-2025 3/3

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 Naurangiya P.S. Case No. 55 of 2024 on furnishing bail bond of Rs.10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of learned Additional Chief Judicial Magistrate, 2nd Bagaha, West Champaran.

(Ashok Kumar Pandey, J) Sudhanshu/- U T