Burden of proof rests on the prosecution; insufficient evidence can lead to bail.

CORAM: HONOURABLE MR. JUSTICE CHANDRA SHEKHAR JHA ORAL ORDER

4 08-12-2025 Heard learned counsel for the petitioner and learned Additional Public Prosecutor for the State duly assisted by learned counsel appearing for informant.

2. The accused/petitioner seeks bail in connection with Narpatganj P.S. Case No.53 of 2025 registered for the offences punishable under Sections 103(1) of the Bhartiya Nyaya Sanhita, 2023 (for short ‘B.N.S.’).

3. The accused/petitioner is named in the FIR and is in custody since 12.02.2025.

4. Allegation against petitioner is to commit murder of the daughter of informant. The petitioner is the husband of the deceased daughter of informant. The allegation is also to raise demand of dowry for cash of Rs. 3,00,000/- and one Apache motorcycle after 15 years of marriage.

5. It is submitted by learned counsel appearing for petitioner that after investigation, the police submitted charge-sheet under Section 108 of the BNS. It is submitted that during investigation, nothing surfaced, which may suggest that act of petitioner was so proximate and active which compelled the daughter of informant to commit suicide without leaving no other options. In support of his submission, learned counsel has relied upon legal report of Hon’ble Supreme Court as available through Gurcharan Singh vs. State of Punjab [ (2017) 1 SCC 433 ] 6. Arguing further, it is submitted that investigation of this case is already completed, for which, charge-sheet has been submitted and, as such, there is no chance of tampering with the evidence and moreover the petitioner claimed clean antecedent.

7. Learned APP duly assisted by Mr. Amrit Abhijat, learned counsel appearing for the informant while opposing the prayer of bail submitted that the petitioner being husband is under obligation to explain the cause of death particularly, in view of Section 106 of the Indian Evidence Act /under Section 101 of the Bhartiya Sakshya Adhiniyam, 2023 (in short ‘BSA’).

8. Taking counter to aforesaid submissions, it is submitted that the death of daughter of informant is explained as being short tampered lady out of family quarrel, she consumed poison out of which, she died. It is submitted that the husband has tried to save the life of his wife but, unfortunately she died.

9. In view of aforesaid factual submissions and by taking note of fact as during investigation prima facie nothing surfaced to suggest that the act of petitoiner is so active or direct, which compelled the daughter of informant to commit suicide without leaving no other option, coupled with the fact that investigation of this case is already completed, where petitioner, being a man of clean antecedent, remains in custody since 12.02.2025, accordingly, the petitioner, above- named, is directed to be released on bail furnishing bail bond of Rs.10,000/- (Rupees Ten Thousand) with two sureties of the like amount each to the satisfaction of the learned Chief Judicial Magistrate, Araria in connection with Narpatganj P.S. Case No.53 of 2025, subject to the conditions as laid down under Section 437(3) of the Code of Criminal Procedure (for short ‘CrPC’)/under Section 480(3) of the Bhartiya Nagrik Suraksha Sanhita (for short ‘BNSS’).

(Chandra Shekhar Jha, J.)