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Patna High CourtCR. MISC./478/2025bail granted

Ram Pravesh Roy v. The State Of Bihar

2025-04-23Mr. Justice Sourendra Pandey3 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.478 of 2025 Arising Out of PS. Case No.-47 Year-2024 Thana- PUSA District- Samastipur ====================================================== Ram Pravesh Roy S/o Late Dhanipat Roy R/o Village- Harpur, P.S.- Pusa, District- Samastipur ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Rajesh Kumar, Advocate For the State :

Mr.Ganesh Prasad Singh, APP For the Informant :

Mr.Bijay Bhushan Prasad, Advocate Ms.Swati Kumari, Advocate ====================================================== CORAM: HONOURABLE MR. JUSTICE SOURENDRA PANDEY ORAL ORDER 23-04-2025 Heard learned counsel for the petitioner, learned counsel for the informant and learned Additional Public Prosecutor for the State.

2. The petitioner seeks regular bail in connection with Pusa P.S. Case No. 47/2024 registered for the offences under Sections 304B/34 of the Indian Penal Code.

3. The prosecution case in short is that the daughter of the informant was married to the petitioner in the year 2021 and due to non-fulfillment of the dowry demand it was alleged that the accused persons brutally assaulted and strangulated the daughter of the informant to death and when the informant's family came to know that their daughter has been killed, they reached the house of the accused persons where they found the dead body of his daughter.

4. Learned counsel for the petitioner submits that from

Patna High Court CR. MISC. No.478 of 2025(4) dt.23-04-2025 2/3 bare perusal of the written complaint, it would transpire that the incident had occurred on 15.05.2024 in the morning and the informant and others were informed about it, the inquest report was prepared and the police had taken the body for post-mortem on the very same date i.e., on 15.05.2024 and till then nothing was reported to the police about the participation of the petitioner and others in the killing of the daughter of the informant. Learned counsel further submits that during investigation it has come that the daughter of the informant used to talk to someone on mobile whose number has been deleted and it was found that a total number of 190 calls were made to that person.

Learned counsel further submits that the death of the informant's daughter has occurred due to suicide as from perusal of the post mortem report it appears that she died due to asphyxia and damages to cervical bones caused due to hanging. It is further submitted that from perusal of the statements of the independent witnesses, it has come that the daughter of the informant was a young lady and the petitioner being twice her age was the cause of disagreement between them which resulted in her suicide. It is lastly submitted that the petitioner has clean antecedent and is languishing in custody since 05.07.2024.

5. Learned counsel for the State as well as learned counsel for the informant have jointly opposed the prayer for bail of the petitioner. Learned counsel for the State submits that the reason for suicide of the informant's daughter is that the petitioner was having

Patna High Court CR. MISC. No.478 of 2025(4) dt.23-04-2025 3/3 suspicion on her as she might be having an affair with someone.

6. Considering the aforesaid facts and circumstances of the case and taking into account that there is no eye witness of the said occurrence and moreover, from perusal of the post-mortem report it is clear that the death occurred due to hanging of, let the petitioner above-named be enlarged on bail on furnishing bail bond of Rs. 10,000/- (Rupees Ten Thousand) with two sureties of the like amount each to the satisfaction of the learned Judicial Magistrate-1st Class, Samastipur in connection with Pusa P.S. Case No. 47/2024. (Sourendra Pandey, J) tusharika/- U T