Ajay Sah @ Ajit Sah v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.6901 of 2022 Arising Out of PS. Case No.-481 Year-2021 Thana- BEGUSARAI TOWN District- Begusarai ====================================================== Ajay Sah @ Ajit Sah Son of Ramlagan Sah Resident of Village - Baghi , Ward No.11, P.s.- Tow, Distt.- Begusarai.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Sandip Kumar Gautam, Advocate For the Opposite Party/s :

Md. Mushtaque Alam, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE CHANDRA SHEKHAR JHA ORAL ORDER 29-09-2022 Heard learned counsel appearing on behalf of the petitioner and learned counsel appearing on behalf of the State. Let the defect(s), if any, be removed within a period of four weeks from today.

The petitioner seeks bail in connection with Begusarai Town P.S. Case no. 481 of 2021 registered for the offence under Sections 304 (B) and 34 of the Indian Penal Code and also under section 3⁄4 of Dowry Prohibition Act.

The accused/petitioner is named in the F.I.R. and is in custody since 08.09.2021.

The allegation against the petitioner is to cause death of daughter of the informant, along with other family members/coaccused persons, due to non-fulfillment of demand of dowry. Learned counsel appearing on behalf of the petitioner submitted that petitioner is the father-in-law of the deceased and he is

Patna High Court CR. MISC. No.6901 of 2022(3) dt.29-09-2022 2/2 living separately, having no connection with daily affairs of the family of deceased and her husband. It is further submitted that allegation, as regard to demand of dowry, is specific against husband of the deceased, who is in judicial custody. While concluding the argument it is submitted that petitioner is a man of clean antecedent and moreover, investigation of this case is completed, for which, charge-sheet is submitted, as such, there is no chance of tampering with the evidence.

Learned APP, while opposing the prayer of bail, fairly conceded that petitioner is father-in-law of the deceased. Considering the facts and circumstances as mentioned above, as petitioner is father-in-law, living separately, where allegation specifically raised against husband of the deceased coupled with the fact that charge-sheet has already been submitted, let the petitioner, above named, is directed to be released on bail in connection with Begusarai Town P.S. Case no. 481 of 2021 on furnishing bail bond of Rs.10,000/- (Rupees Ten Thousand) with two sureties of the like amount each to the satisfaction of learned Chief Judicial Magistrate, Begusarai/concerned court, subject to the condition as mentioned under Section 437(3) of the Cr.P.C. (Chandra Shekhar Jha, J) pooja/- U T