Ramesh Sah @ Ramesh Kumar v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.14121 of 2019 Arising Out of PS. Case No.-34 Year-2018 Thana- PHENHARA District- East Champaran ====================================================== RAMESH SAH @ RAMESH KUMAR S/o Inardeo Sah village-Rupouliya, P.S-Phenhara, Distt.-East Champaran.
... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr.Umesh Chandra Verma For the Opposite Party/s :
Mr.Jagdhar Prasad ====================================================== CORAM: HONOURABLE MR. JUSTICE RAJENDRA KUMAR MISHRA ORAL ORDER 19-06-2019 Heard leaned counsel for the petitioner and the leaned A.P.P. for the State.
The petitioner apprehends his arrest in connection with Phenhara P.S. Case No. 34 of 2018, registered under Sections 304B, 328 and 201/34 of the Indian Penal Code, pending in the court of the learned 12th Addl. Chief Judicial Magistrate, Motihari, East Champaran.
The accusation is of killing of the daughter of the informant by her husband and other in-laws due to nonfulfillment of demand of motorcycle and golden chain and disposing of her dead body.
Learned counsel appearing on behalf of the petitioner submits that, in fact, daughter of the informant, who is wife of the petitioner died natural death, but with ulterior motive
Patna High Court CR. MISC. No.14121 of 2019(4) dt.19-06-2019 2/2 the informant, who is mother of the deceased, filed this case, but after realizing the real fact she filed compromise petition in the court of Addl. Chief Judicial Magistrate-XII, Motihari, East champaran on 25.05.2018, which would appear from Annexure-2.
Having considered the facts and circumstances of the case and the nature of allegation against the petitioner and also the fact that deceased died within one year of her marriage, I am not inclined to grant anticipatory bail to the petitioner. Accordingly, his prayer for grant of anticipatory bail stands rejected. The petitioner is directed to surrender before the trial Court within four weeks and pray for regular bail, which would be considered by the trial Court in accordance with law without being prejudiced by the order of this Court.
(Rajendra Kumar Mishra, J) manish/- U T