Sanjay Ram v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.90293 of 2024 Arising Out of PS. Case No.-231 Year-2024 Thana- CHIRAIYA District- East Champaran ====================================================== Sanjay Ram Son of Rajendra Ram Resident of village - Basawariya, P.S.- Chiraiya, District - East Champaran, Motihari. ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Rajesh Kumar, Adv.
For the Opposite Party/s :
Mr. Meena Singh, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE KHATIM REZA ORAL ORDER 19-04-2025 Heard learned counsel for the petitioner and learned A.P.P. for the State.
2. The petitioner apprehends arrest in connection with Chiraiya P.S. Case No. 231 of 2024 dated 02.06.2024, instituted for the offence punishable under Section 304(B)/34 of the Indian Penal Code.
3. The prosecution case, in brief, is that the marriage of informant's sister, namely, Sumitra Devi was solemnized with the petitioner about 4 years ago. It is further alleged that Nanad of sister of the informant had taken Rs. 30,000/- from the sister of the informant and when sister of the informant pressurized to return her money, all the accused persons named in the F.I.R. including this petitioner started demanding cash Rs. 50,000/- from the sister of informant as dowry. It is further alleged that
Patna High Court CR. MISC. No.90293 of 2024(2) dt.19-04-2025 2/3 on 31.05.2024 the informant received information from a villager of sasural of his sister that some incident has happened with his sister. Upon getting information, the informant with his mother and some villagers went at the matrimonial house of his sister and saw that his sister was lying dead and her family members were not present in the house.
4. Learned counsel for the petitioner submits that the petitioner is innocent and he has been falsely implicated in this case. It is submitted that petitioner is the husband of the deceased. It is submitted that there is no specific allegation against the petitioner, rather, the allegation against the petitioner is general and omnibus. It is submitted that no demand was made by the petitioner. Lastly, it has been submitted that he has no criminal antecedent.
5. Learned A.P.P. has opposed the prayer for bail of the petitioner. It is submitted that the death of sister of the informant has occurred in the house of the petitioner and her death happened within seven years of her marriage. It is also submitted that in paragraph 48 of the case diary, there is mention of post-mortem in which cause of death of the deceased is mentioned due to throttling.
6. Having considered the facts and circumstances of
Patna High Court CR. MISC. No.90293 of 2024(2) dt.19-04-2025 3/3 the case as well as submissions made by the learned counsel for the parties coupled with the fact that petitioner is the husband of the deceased and her death occurred in the house of the petitioner due to throttling, I am not inclined to grant bail to the petitioner.
7. Accordingly, the prayer of the petitioner for grant of bail is rejected.
(Khatim Reza, J) prabhat/- U T