Pappu Nat @ Pappu Nut v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.13453 of 2024 Arising Out of PS. Case No.-266 Year-2023 Thana- MAJHAULIA District- West Champaran ====================================================== Pappu Nat @ Pappu Nut Son Of Chunni Nat @ Chunni Nut Resident Of Village- Amwaman Bazar, Ward No 1, PS- Majhauliya District -West Champaran ... ... Petitioner/s

Versus

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

For the Petitioner :

Mr. Bimlesh Kumar Pandey, Advocate For the State :

Mr. Ram Naresh Ray, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RUDRA PRAKASH MISHRA ORAL ORDER 05-03-2024 Heard learned counsel for the petitioner and learned APP for the State.

2.

The petitioner seeks bail in connection with Majhauliya P.S. Case No. 266 of 2023 instituted for the offence under Sections 304B, 302 & 34 of the Indian Penal Code (hereinafter referred to as 'the IPC').

3.

Prosecution case in a nutshell is that sister of the informant was done to death at her matrimonial house due to non-fulfillment of the demand of dowry.

4.

It has been submitted on behalf of the petitioner that the petitioner is in custody since 17-04-2023. Petitioner is stated to be man of clean antecedent.

5.

It has been further submitted by the petitioner's

Patna High Court CR. MISC. No.13453 of 2024(2) dt.05-03-2024 2/3 counsel that petitioner has been falsely implicated in the present case. Petitioner is the husband of the deceased. It is submitted that no such occurrence as alleged in the FIR has ever taken place rather, petitioner's wife (deceased) had eloped with the brother-in-law of the petitioner and after coming back to her matrimonial home, she has committed suicide. Referring to the postmortem report, which is annexed as Annexure-2 to the bail application, it is submitted that cause of the death is asphyxia as a result of hanging and except a ligature mark on her neck, no injury was found. It is lastly submitted that police after investigation has submitted charge sheet under Section 306, 201 & 34 of the IPC and even the cognizance has been taken for the offence under Sections 306, 201 & 34 of the IPC. 6.

Learned A.P.P. for the State has vehemently opposed the prayer for grant of bail to the petitioner. 7.

Considering the aforesaid facts and circumstances of the case, period of custody of the petitioner, clean antecedent of the petitioner and the fact that charge is already framed, this Court is inclined to grant bail to the petitioner. 8.

Let the petitioner be released on bail on furnishing bail bonds of Rs. 10,000/- (Ten Thousand) with two sureties of the like amount each to the satisfaction of

Patna High Court CR. MISC. No.13453 of 2024(2) dt.05-03-2024 3/3 Court below/concerned Court in connection with Majhauliya P.S. Case No. 266 of 2023, subject to the following conditions:

(I) One of the bailors shall be own/close member of the family of the petitioner.

(II) The petitioner shall appear on each and every date fixed at the trial. In case of default in such appearance on two consecutive dates, the Trial Court will have liberty to cancel the bail bonds of the petitioner.

(Rudra Prakash Mishra, J) Raj Kishore/- U T