Patna High CourtCR. MISC./27900/2017rejected

Chhotan Sah v. The State Of Bihar

2017-06-23Mr. Justice Rajendra Kumar Mishra2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.27900 of 2017 Arising Out of PS.Case No. -180 Year- 2015 Thana -PATAHI DistrictEASTCHAMPARAN(MOTIHARI) ====================================================== Chhotan Sah, Son of Baidyanath Sah, Resident of Village- Bokanekala, P.S. - Patahi, District- East Champaran.

.... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr.

For the Opposite Party/s : Mr.

====================================================== CORAM: HONOURABLE MR. JUSTICE RAJENDRA KUMAR MISHRA ORAL ORDER ------------- 23-06-2017 Heard learned counsel for the petitioner and the learned A.P.P. for the State.

The petitioner seeks bail in connection with Sessions Trial No.792 of 2016, arising out of Patahi P.S. Case No.180 of 2015, registered under Sections 304(B) and 201/34 of the Indian Penal Code, pending in the court of the 4th Additional Sessions Judge, East Champaran.

The accusation is of killing the deceased, the daughter of the informant, by pressing her neck by her husband (petitioner) and other in-laws for non fulfillment of the dowry demand. Learned counsel appearing on behalf of the petitioner submits that the petitioner, who is the husband of the deceased, the

Patna High Court Cr.Misc. No.27900 of 2017 (2) dt.23-06-2017 2/2 daughter of the informant, has falsely been implicated in this case. In fact, the deceased, the daughter of the informant, was of unsound mind and, earlier, she had also made an attempt to commit suicide by hanging herself. Further submission is that the informant has also filed compromise petition in the court below. The petitioner is in custody since 07.02.2016. It appears from the order dated 23.03.2016 passed in Sessions Trial No.792 of 2016 by the court of the 4th Additional Sessions Judge, Motihari, East Champaran, whereby the prayer of the petitioner for grant of bail was rejected that in the post-mortem examination of the dead body of the deceased, the cause of her death was found due to strangulation.

Having regard to the facts and the circumstances of the case and the nature of allegation, I am not inclined to grant bail to the petitioner. Accordingly, the prayer of the petitioner for grant of bail stands rejected.

(Rajendra Kumar Mishra, J) P.S./- U T