PATNA HIGH COURT
S. B. Pd. Singh, J
Shibu Kumar @ Shibu Ram @ Sibu Kumar – Appellant
Versus
The State of Bihar – Respondent
CRIMINAL MISCELLANEOUS No.70438 of 2025
CORAM: HONOURABLE MR. JUSTICE S. B. PD. SINGH ORAL ORDER
4 17-12-2025 Learned learned counsel for the petitioner, informant and learned A.P.P for the State.
The petitioner is languishing in custody in a case registered for the offences punishable under Sections
304(B) and 120(B) of the Indian Penal Code .
The prosecution case as per F.I.R is that the marriage of the daughter of the informant was solemnized with the informant one month prior to the occurrence. It is alleged that after one month of the marriage, the daughter of the informant and her husband (petitioner) came to the house of the informant on 18.06.2021 and on 21.06.2021 when the informant and his wife were sleeping in the night, they heard sound of crying of their grandson. When they was found fleeing away from the place of occurrence.
It is submitted by learned counsel for the petitioner that the F.I.R itself discloses that death of the victim occurred at the parental house of the victim. The postmortem report of the victim also does not suggest any anti-mortem or external injury on the person of the deceased. The F.I.R also does not reflects that there was any demand of dowry on behalf of the petitioner, hence the provision under Section 304(B) I.P.C shall not attract in this case. The petitioner is languishing in custody since 10.07.2025. A statement has been made in para 3 of the petition that petitioner has no criminal antecedent. It is submitted by learned counsel for the informant that petitioner is husband of the deceased and the victim died within one year of her marriage. However, learned counsel conceded this fact that outside Court, the matter has been settled between the parties.
Considering the facts aforesaid and the period under custody, let the petitioner, above named, be released on bail on furnishing bail bonds of Rs. 10,000/-(Ten Thousands) with two sureties of the like amount each to the satisfaction of learned A.C.J.M, 2nd, Sherghati, Gaya in connection with Barachatti P.S. Case No. 370 of 2021.
(S. B. Pd. Singh, J)
Login now and unlock free premium legal research
Login to SupremeToday AI and access free legal analysis, AI highlights, and smart tools.
Login
now!
India’s Legal research and Law Firm App, Download now!
Copyright © 2023 Vikas Info Solution Pvt Ltd. All Rights Reserved.