Nandu Sah v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.3716 of 2025 Arising Out of PS. Case No.-144 Year-2023 Thana- SIMRA District- West Champaran ====================================================== Nandu Sah S/O Shankar Sah R/O Semra, Ward No. 4, P.S- Semra, DistrictWest 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. Jai Narain Thakur, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RUDRA PRAKASH MISHRA ORAL ORDER 22-04-2025 Heard learned counsel for the petitioner and learned APP for the State.

2. The petitioner seeks bail in connection with S.Tr. No. 152 of 2024 instituted for the offences under Sections 302/34 of the Indian Penal Code.

3. Accusation against the petitioner is of commission of murder of his wife.

4. Learned counsel for the petitioner submitted that the petitioner has falsely been implicated in the present case due to ulterior motive under mistake of facts due to suspicion. Learned counsel further submitted that from perusal of the FIR, it appears that deceased had extra marital relationship with one Munna Sah with whom she had eloped but for the last one

Patna High Court CR. MISC. No.3716 of 2025(3) dt.22-04-2025 2/3 month before the occurrence, she had been living with the petitioner. Learned counsel referring to paragraph no. 9 submitted that there are ten charge-sheet witnesses and out of them seven have been examined but the last witness was examined on 20.11.2024 and till then no witness has been examined. It has been submitted on behalf of the petitioner that the petitioner is in custody since 04.11.2023 and has no criminal antecedent.

5. Learned A.P.P. for the State has vehemently opposed the prayer for grant of bail to the petitioner. Learned counsel further submitted that there is direct allegation against the petitioner of commission of murder of the informant's daughter and the petitioner has also confessed his guilt before the police.

6. Considering the aforesaid facts and circumstances of the case as also the present stage of the trial, this Court is not inclined to grant bail to the petitioner at this stage.

7. Accordingly, the prayer for grant of bail to the petitioner is, hereby, rejected.

8. Learned Trial Court is directed to expedite the trial and conclude the same preferably within a period of three months.

Patna High Court CR. MISC. No.3716 of 2025(3) dt.22-04-2025 3/3

9. However, liberty is granted to the petitioner to renew the prayer for grant of bail before the Trial Court if the trial is not concluded within a period of three months from today. If any such application is filed is filed before the learned court below, the learned court below shall consider the same on its own merit without being prejudiced by this order. (Rudra Prakash Mishra, J) Alok Verma/- U T