PATNA HIGH COURT
Amit Kumar
Cr.Misc.-10014/2026
IN THE HIGH COURT OF JUDICATURE AT PATNA CRIMINAL MISCELLANEOUS No.10014 of 2026 Arising Out of PS. Case No.-302 Year-2024 Thana- GOVINDGANJ District- East Champaran ======================================================
Amit Kumar S/o Naval Kishor Singh R/o Village- Radhiya Tola Balha, P.S-
Govindganj, Dist- East Champaran ... ... Petitioner/s Versus The State of Bihar ... ... Opposite Party/s ======================================================
Appearance :
For the Petitioner/s : Mr. Bimlesh Kumar Pandey, Advocate For the Opposite Party/s : Mr. Raj Ballabh Singh, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE ASHOK KUMAR PANDEY ORAL ORDER
3 11-03-2026 Heard learned counsel for the petitioner and learned APP for the State.
2. The petitioner has prayed for regular bail in connection with Sessions Trial No. 41 of 2025 arising out of Govindganj P.S. Case No. 302 of 2024 registered for the offence punishable under Sections 80(2), 61(2) & 3(5) of the Bharatiya Nyaya Sanhita.
3. The case of the prosecution, in short, is that the marriage of the deceased was solemnized with the petitioner on 10.02.2022. It is further alleged that the deceased was subjected to cruelty on account of non-fulfillment of dowry demand of generator and cow. On 18.08.2024 the deceased had talk with her father and she has requested her father to take her. On the next day about 09:00 A.M., the informant received an information that his sister was strangulated to death. Her dead body was found hanging in the ceiling fan.
4. Learned counsel appearing on behalf of the petitioner has submitted that petitioner is innocent and has committed no offence. He has been falsely implicated in this case. Learned counsel for the petitioner submits that from perusal of the FIR it is clear that main thrust of allegation is against the aunt and sister of the petitioner and during course of trial one witness has been examined who is P.W.-1. He has stated in his examination-in-chief that he went to the door of Nawal Singh hearing the hulla. The administration has also arrived there. The door was closed which was opened by the administration. He also entered in the room and found that the deceased was handing. Learned counsel for the petitioner has further submitted that in paragraph ‘8’ this witness has stated that the room of the deceased was bolted from inside and the door was broken by police. Learned counsel for the petitioner has further submitted that from perusal of the post-mortem report also it will transpire that the Doctor conducting autopsy of the deceased has found only ligature mark on the neck of the deceased and cause of death is asphyxia due to hanging. No any ante-mortem injury except ligature mark was found on the person of the deceased. Learned counsel for the petitioner has submitted that the petitioner is having no criminal antecedent and he is in judicial custody since 20.08.2024.
5. The application for bail is opposed by learned APP for the State and has stated that the petitioner is the husband and main thrust of allegation is against him.
6. Having heard learned counsel for the parties and considering the facts and circumstances of the case, this Court is inclined to enlarge the petitioner on bail with the condition that the petitioner shall co-operate in the trial and shall remain physically present on each and every date in the trial court The above named petitioner is directed to be enlarged on bail on furnishing bail bond of Rs. 10,000/- (Rs. ten thousand only) with two sureties of the like amount each to the satisfaction of the learned ADJ-12th, Motihari, East Champaran in connection with Govindganj P.S. Case No. 302 of 2024.
(Ashok Kumar Pandey, J)
durgesh/- U T
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