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Patna High CourtCR. MISC./22358/2017bail granted

Manoj Sah v. The State Of Bihar

2017-07-13Justice Smt. Nilu Agrawal2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.22358 of 2017 Arising Out of PS.Case No. -47 Year- 2016 Thana -BHANGWANPUR HAT District- SIWAN ======================================================

1. Manoj Sah Son of Ramdeo Sah, Resident of Village- Satua, P.S.- Baniapur, District- Chapra (Saran).

.... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Bijay Prakash Singh For the Opposite Party/s : Smt Pushpa Sinha ====================================================== CORAM: HONOURABLE JUSTICE SMT. NILU AGRAWAL ORAL ORDER 13-07-2017 Heard learned counsel for the petitioner and learned APP for the State.

Petitioner is languishing in custody since 08.12.2016 in connection with Bhagwanpur Hatt P.S. Case No. 47/16 for offences punishable under Sections 304-B/34 of the Indian Penal Code.

The prosecution case, as lodged by the father of the deceased daughter Gyanti Devi, is that his daughter was married to co-accused Hare Ram Sah and had two daughters and one son, but soon after marriage the deceased daughter of the informant was subjected to torture for non-fulfillment of demand of dowry by her husband Hare Ram Sah and other in-laws. It is further alleged that petitioner being cousin brother of the co-accused Hare Ram Sah husband of the deceased, had taken the deceased away from her

Patna High Court Cr.Misc. No.22358 of 2017 (3) dt.13-07-2017 2/2 parental home on the pretext that the mother-in-law is seriously ill, thereafter his daughter had been killed by the in-laws including the petitioner.

It has been submitted by the learned counsel for the petitioner that he is innocent and general and omnibus allegations have been levelled against him. He submits that he has no connection with the affairs of the in-laws of the deceased and has been falsely implicated in the aforesaid case. It is submitted that the mother-ion-law and father-in-law of the deceased have been granted the privilege of bail by Coordinate Benches of this court in Cr. Misc. No. 42682 of 2016 on 23.11.2016 and Cr. Misc. No. 45115 of 2016 on 16.01.2017.

However, learned APP for the State opposes the prayer for bail.

Be that as it may, let petitioner, above named, be enlarged on bail on furnishing bail bond of Rs.10,000/-(Ten Thousand) with two sureties of the like amount each to the satisfaction of learned Addl. Chief Judicial Magistrate-X, Siwan in connection with Bhagwanpur Hat P.S. Case No. 47/2016. (Nilu Agrawal, J) Rajesh/- U T