Sanjay Sah @ Sanjay Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.8051 of 2020 Arising Out of PS. Case No.-334 Year-2019 Thana- LALGANJ District- Vaishali ====================================================== SANJAY SAH @ SANJAY KUMAR Son of Late Ram Prasad Sah Resident of Village - Jagannath Basant, P.S. - Lalganj, District - Vaishali. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Bela Singh For the Opposite Party/s :

Mr.Tarun Prasad Mandal ====================================================== CORAM: HONOURABLE MR. JUSTICE MOHIT KUMAR SHAH ORAL ORDER 08-09-2020 The present petition has been taken up for consideration through the mode of Video conferencing in view of the prevailing situation on account of COVID 19 Pandemic, requiring social distancing.

Heard Shri Vishwanath Singh, learned senior counsel for the petitioner, assisted by Ms. Bela Singh, Advocate and Shri Tarun Prasad Mandal, learned A.P.P. for the State.

The petitioner apprehends his arrest in connection with Lalganj P.S. Case No. 334 of 2019 for the offence registered under Sections 302/34 of the Indian Penal Code.

The case of the prosecution in brief is that about 10 years back the marriage of the sister of the informant was solemnized with the petitioner herein. It is further alleged that the petitioner used to abuse and physically assault the sister of the informant regularly and had illicit physical relation with another girl. In fact the sister of the informant had given birth to two children out of the said wedlock.

Patna High Court CR. MISC. No.8051 of 2020(4) dt.08-09-2020 2/2 Lastly, it is alleged that the petitioner and the other accused persons had killed the sister of the informant by pressing her neck with stick (lathi).

The learned senior counsel for the petitioner has submitted that the petitioner has been falsely implicated in the present case and in fact the deceased had died on account of her committing suicide by hanging herself on account of her losing mental balance. It is further submitted that the materials available on record show that the petitioner is innocent and has been falsely implicated in the present case.

Per contra, the learned A.P.P. for the State has vehemently opposed the prayer for bail.

Having regard to the facts and circumstances of the case, considering the submissions made by the learned senior counsel for the petitioner and going through the materials on record, the complicity of the petitioner in the alleged crime is writ large, as such the present case is at lease not a case for grant of anticipatory bail, hence the present petition stands dismissed.

(Mohit Kumar Shah, J) S.Sb/- U T