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Patna High CourtCR. MISC./12307/2019bail granted

Dwarika Sah v. The State Of Bihar

2019-06-17Mr. Justice Rajendra Kumar Mishra2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.12307 of 2019 Arising Out of PS. Case No.-265 Year-2018 Thana- GAUTAMBUDHNAGAR DistrictSiwan ====================================================== Dwarika Sah, Son of Hiralal Sah Resident of Village- Katelpur, P.S.-G.B. Nagar, District, Siwan.

... ... Petitioner

Versus

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

For the Petitioner/s :

Mr.Prashant Kumar For the Opposite Party/s :

Mr.Abhay Kumar Roy ====================================================== CORAM: HONOURABLE MR. JUSTICE RAJENDRA KUMAR MISHRA ORAL ORDER 17-06-2019 Heard learned counsel for the petitioner and the learned A.P.P. for the State.

The petitioner apprehends his arrest in connection with G.B. Nagar P.S. Case no. 265 of 2018, registered under Section 302 and 201/34 of the Indian Penal Code. The accusation is of killing of daughter of the informant by her husband and other in-laws due to domestic dispute, Kundan Kumar, son of deceased, disclosed that his uncle Rajat Sah pressed the neck of his mother. Learned counsel for the petitioner submits that, admittedly, the marriage of deceased, daughter of the informant, was performed with Pradip Sah, son of petitioner, before 14 years and petitioner, who is father in law of the deceased has falsely been implicated in this case. Further

Patna High Court CR. MISC. No.12307 of 2019(4) dt.17-06-2019 2/2 submission is that Kundan Kumar, son of the deceased has specifically stated in paragraph No. 25 of the case diary that Rajat Sah killed his mother by pressing her neck and no any tangible material has been collected against the petitioner in case diary, which is up to paragraph No. 70.

Having regard to the facts and circumstances of the case, let the above named petitioner, be released on bail, in the event of his arrest or surrender before the learned Court below within a period of four weeks from today, on furnishing bail bond of Rs. 10,000/- (Ten thousand) with two sureties of the like amount each to the satisfaction of the Chief Judicial Magistrate, Siwan in connection with G.B. Nagar P.S. Case No. 265 of 2018, subject to the condition as laid down under Section 438

(2) of the Cr.P.C.

(Rajendra Kumar Mishra, J) manish/- U T