Patna High CourtCR. MISC./7115/2019bail granted

Arun Sah v. The State Of Bihar

2019-04-08Mr. Justice Sudhir Singh2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.7115 of 2019 Arising Out of PS. Case No.-168 Year-2017 Thana- SURSAND District- Sitamarhi ====================================================== Arun Sah Son of Ganesh Sah Resident of Village - Piprahi, P.S.- Sursand, District- Sitamarhi.

... ... Petitioner/s

Versus

The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Uday Kumar For the Opposite Party/s :

Mr.Bharat Lal ====================================================== CORAM: HONOURABLE MR. JUSTICE SUDHIR SINGH ORAL ORDER 08-04-2019 Heard learned counsel for the petitioner and learned APP for the State.

The petitioner seeks bail in a case instituted for the offences under Sections 304(B), 201 and 34 of the Indian Penal Code.

Allegation against the petitioner is of committing torture and thereafter caused death of the victim due to nonfulfilment of demand of dowry. It has been submitted on behalf of the petitioner that the petitioner is in custody since 26.7.2018 and has got no criminal antecedent. There is no allegation of tampering of witnesses alleged against the petitioner. Charge-sheet has been submitted in the present case. The petitioner has falsely been implicated in the present case. Witnesses in paragraphs 7, 8, 18,

Patna High Court CR. MISC. No.7115 of 2019(3) dt.08-04-2019 2/2 19, 20 and 24 of the case diary have stated that deceased has committed suicide. Hence, it is not a case for offence under Section 304(B) IPC. The petitioner has been made accused due to mistake of fact.

On behalf of the State, it is submitted that the petitioner is named in the F.I.R/complaint case. Considering the aforesaid facts and circumstances, it is directed that 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., Pupri at Sitamarhi in connection with Sursand P.S. Case No. 168/2017.

(Sudhir Singh, J) Pankaj/- U T