Patna High CourtCR. MISC./15645/2024bail granted

Sunil Sah v. The State Of Bihar

2024-05-17Mr. Justice Prabhat Kumar Singh2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.15645 of 2024 Arising Out of PS. Case No.-239 Year-2022 Thana- EAST CHAMPARAN COMPLAINT District- East Champaran ====================================================== Sunil Sah Son of Vishwanath Sah R/o Village- Sidhpur, P.S.- Palanwa, Dist.- East Champaran ... ... Petitioner/s

Versus

The State of Bihar 2.

Sima Devi D/o Lal Babu Sah R/o Village- Harnahi, P.S.- Raxaul, Dist.- East Champaran ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Abhishek Kumar , Advocate For the Opposite Party/s :

Mr. Shyam Bihari Singh, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH ORAL ORDER 17-05-2024 Despite valid service of notice , nobody appears on behalf of Opposite No. 2.

2. Petitioner apprehends arrest in a case registered for the offence punishable under sections 341 , 498A, 323 and other allied sections of the Indian Penal Code and sections 3 & 4 of the Dowry Prohibition Act.

3. As per the prosecution case, petitioner along with other family members committed torture to the informant (victim) due to non-fulfillment of demand of dowry .

4. Learned counsel for the petitioner while denying the allegations, submits that the petitioner has falsely been implicated in this case because he is husband of the victim.

Patna High Court CR. MISC. No.15645 of 2024(4) dt.17-05-2024 2/2 However, he is ready to keep the victim with full honour and dignity. The case is triable by the Magistrate. The petitioner has further relied upon the judgment of this Court in the case of Md. Naimul Haque Ansari @ Naimul Haque Ansari & Ors. Vs. The State of Bihar, reported in 2006(3) PLJR 182. Petitioner claims clean antecedent.

5. Considering the aforesaid facts and circumstances of the case, in the event of arrest or surrender within six weeks from today, let this petitioner, as named above, 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 the learned Court of Sub-Divisional Judicial Magistrate, Raxaul at Motihari, East Champaran in connection with Complaint case No. 239 of 2022, subject to the conditions laid down under section 438 of the Code of Criminal Procedure . (Prabhat Kumar Singh, J) Koushik/AnkitU T