Sandip Sah v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.19081 of 2021 Arising Out of PS. Case No.-145 Year-2020 Thana- CHOUTARWA District- West Champaran ====================================================== SANDIP SAH S/O SHANKAR SAH R/O VILLAGE-DUSHADH PATTI, PATILAR P.S.-CHAUTARWA, DISTRICT-WEST CHAMPARAN. ... ... Petitioner/s
Versus
THE STATE OF BIHAR ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Baxi S.R.P. Sinha, Sr. Adv.
Mr. Vijay Kr Singh No. 1, Adv.
For the Opposite Party/s :
Mr. Binod Kumar, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE PARTHA SARTHY ORAL ORDER 15-11-2021 Heard learned counsel for the parties.
The petitioner has preferred this application for grant of regular bail in a case registered under sections 304B, 302, 201 and 34 of the Indian Penal Code.
As per the prosecution case, the accused persons including the petitioner herein who was married to the daughter of the informant about four years ago are stated to have assaulted the daughter of the informant, of having poured kerosene oil and burnt her alive. Thereafter it is stated that the dead body was disposed of.
It is submitted by learned senior counsel appearing for the petitioner that the allegations as levelled in the F.I.R. are false and concocted. The petitioner happens to be the
Patna High Court CR. MISC. No.19081 of 2021(3) dt.15-11-2021 2/2 unfortunate husband of the deceased. The relationship between the parties was cordial and a girl was born out of the wedlock. No independent witness has been examined in course of investigation. The petitioner is in custody since 6.10.2020 and there is no chance of the trial concluding in the near future. The application for bail is opposed by learned A.P.P. for the State who submits that as per the materials in the case diary, some remains of the dead body of the deceased were recovered in course of investigation.
Having heard learned counsel for the parties and taking into consideration the nature of allegations together with the material that has transpired in course of investigation and the relationship of the petitioner being the husband of the deceased, the Court is not inclined to enlarge the petitioner on bail and the application is rejected.
Learned trial court is directed to expedite the trial. (Partha Sarthy, J) Saurabh/- U T