Subhash Sah @ Kailu Sah @ Kailu v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.15961 of 2020 Arising Out of PS. Case No.-298 Year-2019 Thana- BANKA District- Banka ====================================================== SUBHASH SAH @ KAILU SAH @ KAILU, aged about 34 years, Male, S/o Late Bhumi Sah @ Late Bhumi Saw @ Late Dhanni Sah, R/o villageManjhiyara, P.S.- Banka, District- Banka ... Petitioner

Versus

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

For the Petitioner :

Mr. Bharat Lal, Adv.

For the Opposite Party :

Mr. Chandra Bhushan Prasad, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RAJENDRA KUMAR MISHRA ORAL ORDER 03-06-2020 Heard learned counsel for the petitioner and learned Additional Public Prosecutor for the state thorough video conferencing.

The petitioner seeks bail in connection with Banka P.S. Case No. 298 of 2019 registered under Sections 302 and 201/34 of the Indian Penal Code.

The accusation is that marriage of Pritam Devi, sister of the informant, Suman Kumar, was performed in the year 2007 with the petitioner. Due to wed-lock there are three children, namely, Shivani Kumari, aged about 10 years, Sonu Kumar, aged about 8 years and Monu Kumar, aged about 4 years, in spite of that his sister was being abused and tortured by her husband, Subhash Sah, and mother-in-law, Aho Devi. On 06.05.2019, in the night, Narad Devi, the mother of the informant, received information from the petitioner about causing death of Pritam Devi and removing the dead body.

Patna High Court CR. MISC. No.15961 of 2020(2) dt.03-06-2020 2/2 Thereafter, the informant, along with family members, went at the sasural of his sister, then, came to know that his sister has been killed and her dead body has been removed to conceal the evidence.

Submission is that wife of the petitioner and sister of the informant has died after 13 years of marriage and due to their wed-lock there are three children. In fact, Pritam Devi, sister of the informant, was suffering from epilepsy and due to that reason she died becoming unconscious on 06.05.2019 and information was given to the family members of the informant and the dead body was disposed off in the presence of the family members of the informant. Further, submission is that petitioner is in custody since 23.01.2020 and, on investigation, the police has already submitted the charge sheet Having regard to the facts and circumstances of the case, let the petitioner, above named be released on bail on furnishing bail bond of Rs.10,000/- (rupees ten thousand) with two sureties of the like amount each in connection with Banka P.S. Case No. 298 of 2019 to the satisfaction of the Chief Judicial Magistrate, Banka.

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