Sunil Sah v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.12857 of 2020 Arising Out of PS. Case No.-253 Year-2019 Thana- UDAKISHUNGANJ DistrictMadhepura ====================================================== Sunil Sah S/o Prem Chand Sah @ Prem Chandra Sah R/o village- Kusthan (Kushthani Ward No.- 9), P.S.- Udakishunganj, District- Madhepura ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Pramod Mishra, Advocate.

For the Opposite Party/s :

Mr.Shailendra Kumar Singh, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RAJENDRA KUMAR MISHRA ORAL ORDER 03-07-2020 Heard learned counsel for the petitioner and the learned A.P.P. for the State through Video Conferencing. The petitioner apprehends his arrest in connection with Udakishunganj P.S. Case No. 253 of 2019 registered under Sections 306 and 504/34 of the Indian Penal Code. The accusation is that informant, Arun Sah, along with his wife was sleeping in a room at his house in the night of 30/31.07.2019. At about 11 p.m., Kajal Devi, daughter-in-law of his younder brother came and informed that in the room of his daughter-in-law, Nitu Devi, wife of Mithelesh Sah, Sunil Sah (petitioner) has entered. Thereafter, he along with his wife and Kajal Devi went in the courtyard and saw that Nitu Devi was slept and at her adjacent, Sunil Sah (petitioner) was also slept in

Patna High Court CR. MISC. No.12857 of 2020(2) dt.03-07-2020 2/3 objectionable position. On seeing him, Sunil Sah (petitioner) fled away from there. Thereafter, after convincing his daughterin-law, Nitu Devi, he along with his wife returned in his room. In the next morning, when informant went in the courtyard in front of room of his daughter-in-law, Nitu Devi then found the door was locked. Thereafter, the informant opened the door then saw that his daughter-in-law, Nitu Devi, was in hanging condition. It appears that his daughter-in-law, Nitu Devi, committed suicide due to loss of her prestige.

Learned counsel for the petitioner submits that it would appear from the FIR that no offence under Section 306 of the Indian Penal Code is made out against the petitioner, as there is no instigation of the hand of the petitioner to the daughter-inlaw of the informant to commit suicide and it has also not disclosed in the FIR that petitioner was on the bed of the daughter-in-law of the informant without her consent. 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 six 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 learned A.C.J.M.

Patna High Court CR. MISC. No.12857 of 2020(2) dt.03-07-2020 3/3 Udakishunganj, in connection with Udakishunganj P.S. Case No. 253 of 2019, subject to the condition as laid down under Section 438(2) of the Cr.P.C.

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