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Patna High CourtCR. MISC./10762/2022bail rejected

Subodh Sah v. The State Of Bihar

2022-04-26Mr. Justice Prabhat Kumar Singh2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.10762 of 2022 Arising Out of PS. Case No.-145 Year-2020 Thana- CHIRAIYA District- East Champaran ====================================================== Subodh Sah Son of Ramayan Sah Resident of Village - Meerpur, P.s.- Chiraiya, Distt.- East Champaran.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Brajesh Kumar Singh For the Opposite Party/s :

Mr.Ashok Kumar Singh ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH ORAL ORDER 26-04-2022 Heard learned counsel for the petitioner and learned A.P.P for the State.

The petitioner seeks bail in Chiraiya P.S. Case No. 145 of 2020 corresponding to Sessions Trial No. 107 of 2021, registered for the offence punishable under Sections 304(B), 201 and 34 of the Indian Penal Code.

As per the prosecution case, daughter of the informant was done to death by the accused persons including this petitioner due to non-fulfillment of demand of dowry. Petitioner is husband of the deceased.

It is submitted on behalf of the petitioner that petitioner is innocent and has committed no offence. No such occurrence has ever taken place and there was no demand of dowry by the petitioner. In fact, daughter of informant

Patna High Court CR. MISC. No.10762 of 2022(2) dt.26-04-2022 2/2 committed suicide on petty issue. Petitioner was not present at the time of and place of occurrence. He was at Delhi. There is general and omnibus allegation. Petitioner is in custody since 16.09.2020 having no criminal antecedent.

Learned APP however, vehemently opposed the prayer for bail.

Considering the facts aforesaid and the nature of allegation and the fact that petitioner is husband of the deceased and deceased died in unnatural circumstance within seven years of marriage at her matrimonial home, I am not inclined to enlarge the petitioner above-named on bail. Accordingly, the same is rejected.

(Prabhat Kumar Singh, J) vinita/- U T