Tuntun Sah @ Tuntun Kumar Sah v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.15930 of 2025 Arising Out of PS. Case No.-322 Year-2023 Thana- BAIRIYA District- West Champaran ====================================================== Tuntun Sah @ Tuntun Kumar Sah S/O Hira Sah R/O Mansha Dubey, Patkhauli Phuliyakhad, P.S- Bairiya, Distt.- West Champaran. ... ... Petitioner/s
Versus
The State of Bihar Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr.Bimlesh Kumar Pandey For the Opposite Party/s :
Mr.Umesh Lal Verma ====================================================== CORAM: HONOURABLE MR. JUSTICE CHANDRA PRAKASH SINGH ORAL ORDER 14-05-2025 Heard learned counsel for the petitioner and learned A.P.P for the State.
2. The petitioner has preferred this application for grant of regular bail in connection with Bairiya P.S. Case No. 322 of 2023 dated 07.11.2023 registered for the offence punishable u/s 302 and 201 of the Indian Penal Code.
3. As per the prosecution case, the petitioner is alleged to have kidnapped the minor daughter of the informant and married her. Further, on 24.10.2023, the informant has got information that the petitioner and the co-accused persons have killed the informant's daughter and the dead body of the deceased was disappeared by them.
4. Learned counsel for the petitioner has submitted that the petitioner is innocent and has falsely been implicated in this case. Nothing has been recovered from the conscious
Patna High Court CR. MISC. No.15930 of 2025(2) dt.14-05-2025 2/2 possession of the petitioner. There is general and omnibus allegation against the petitioner who is husband of the deceased. The petitioner neither demanded any dowry nor tortured the deceased. It is submitted that the deceased was not subjected to torture and cruelty soon before her death for or in connection with demand of dowry. There is a delay of 13 days in lodging the F.I.R. The petitioner has one antecedent as stated in para 3 of the Supplementary Affidavit. The petitioner is in custody since 06.09.2024.
5. Learned A.P.P. for the State has vehemently opposed the bail petition of the petitioner by submitting the petitioner is the husband of the deceased.
6. Considering the aforesaid facts and circumstances of the case as well as the heinous nature of offence against the petitioner, this Court is not inclined to grant bail to the petitioner and the same is rejected in connection with Bairiya P.S. Case No. 322 of 2023, pending in the court of learned Additional Chief Judicial Magistrate 3rd, Bettiah, West Champaran.
7. Learned court below is directed to conclude the trial of the petitioner at the earliest.
(Chandra Prakash Singh, J) atul/- U T