Ratan Sah v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.5099 of 2023 Arising Out of PS. Case No.-565 Year-2022 Thana- MAJHAULIA District- West Champaran ====================================================== RATAN SAH Son of Late Khirodhar Sah Resident of Village - Jaukatiya Naidih, P.S.- Majhauliya, District - West Champaran. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Ashok Kumar Gupta For the Opposite Party/s :

Mr. Ram Priya Sharan Singh ====================================================== CORAM: HONOURABLE MR. JUSTICE NAWNEET KUMAR PANDEY ORAL ORDER 28-04-2023 Heard learned counsel for the petitioner as well as learned APP for the State.

In this case, the petitioner is seeking regular bail in connection with Majhauliya P.S. Case No. 565 of 2022, registered for the offenses punishable under Sections 304(B), 302, 201/34 of the Indian Penal Code.

As per allegation, the marriage of the daughter of the informant was solemnized with co-accused Nitish Sah. After six months of marriage her son-in-law, co-accused Nitish Sah demanded a motorcycle and when her daughter denied the accused persons named in the FIR assaulted the daughter of the informant and they committed dowry death.

Learned counsel for the petitioner has submitted that the petitioner has falsely been implicated. He is cousin father-inlaw of the deceased having no concern with day to day affairs

Patna High Court CR. MISC. No.5099 of 2023(2) dt.28-04-2023 2/2 between the couple. He lives separately and he has been made accused because he is uncle of the husband of the deceased. He has also submitted that some other accused persons on the similar footing have been granted bail in Cr. Misc. No. 1031 of 2023, Cr. Misc No. 530 of 2023 and Cr. Misc. No. 59297 of 2022. Considering the above-mentioned facts and circumstances, let the petitioner above-named be released on bail on furnishing bail bonds of Rs.10,000/- with two sureties of the like amount each to the satisfaction of learned Chief Judicial Magistrate, Bettiah, West Champaran in connection with Majhauliya P.S. Case No. 565 of 2022, subject to the following conditions:- (i) The petitioner shall cooperate in the disposal of trial and make himself available as and when required by the court.

(ii) If the petitioner is found involved in future in the similar type of offense, the prosecution will have liberty to file an application before the court below for cancellation of the bail of the petitioner and the learned court below will take decision in accordance with law.

(Nawneet Kumar Pandey, J) Sudha/Sonali U T