Purushottam Sah @ Purushottam Kumar v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.13166 of 2021 Arising Out of PS. Case No.-277 Year-2019 Thana- DINARA District- Rohtas ====================================================== PURUSHOTTAM SAH @ PURUSHOTTAM KUMAR Son of Shri Shyam Bihari Sah Resident of Village - Bisi Kala, P.s.- Dinara, Distt.- Rohtas. ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr.Brajesh Tiwary, Adv.
For the Opposite Party/s :
Ms. Renuka Ratnakar, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE MADHURESH PRASAD ORAL ORDER 20-07-2021 In view of sudden resurgence of COVID-19 infection there is limited functioning of the High Court and therefore the matter has been listed for consideration through virtual mode. Heard learned Counsel for the petitioner and the learned APP for the State.
This Court would expect that the petitioner's Counsel would honour his undertaking in the instant proceedings regarding supply of requisite court fee etc. within two weeks from the date he is called upon to do so by the office.
Petitioner seeks bail in Dinara PS Case No. 277 of 2019, registered under Sections 304(B)/34 of the Indian Penal Code.
The informant has alleged that her daughter was continuously being harassed and tortured for dowry.
Patna High Court CR. MISC. No.13166 of 2021(2) dt.20-07-2021 2/3 The submission is that on 02.10.2019 in the night daughter of the informant had called her and intimated that the accused persons want to kill her. Next day in the morning the sonin-law intimated the informant regarding death of his wife. The informant reached there and found her daughter lying dead. Learned counsel for the petitioner submits that the petitioner is "Devar" of the deceased. He submits that his implication is by virtue of relationship. There is no specific allegation against the petitioner. Father-in-law and mother-in-law have been allowed bail earlier. Bonafide is evident from the fact that as per FIR the husband of the deceased had intimated the informant regarding death of the deceased. Husband of the deceased is still in custody and the petitioner has been in jail since 07.11.2019.
Learned APP has opposed the prayer for bail.
Considering the rival submissions as also the facts and circumstances of the case, prayer for bail of the petitioner is allowed. Let the petitioner above named be released on bail on furnishing bail bonds of Rs. 10,000/- (Ten thousand) with two sureties of the like amount each to the satisfaction of learned S.D.J.M., Sasaram, in Dinara PS Case No. 277 of 2019, subject to the following conditions:- (i) That one of the bailors will be a close relative of the
Patna High Court CR. MISC. No.13166 of 2021(2) dt.20-07-2021 3/3 petitioner who will give an affidavit giving genealogy as to how he is related with the petitioner. The bailor will also undertake to inform the Court if there is any change in the address of the petitioner.
(ii) That the petitioner will be well represented on each date and if he fails to do so on two consecutive dates, his bail bond will be liable to be cancelled.
(Madhuresh Prasad, J) rakhi/- U T