Pradip Sah v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.18652 of 2020 Arising Out of PS. Case No.-215 Year-2019 Thana- AKHODHIGOLA District- Rohtas ====================================================== PRADIP SAH S/o Late Khabhari Sah R/o village- Gobardhanpur, P.S.- Akorih Gola, District- Rohtas ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Arun Kumar For the Opposite Party/s :

Mr.Raj Ballabh Singh For the informant :

Mr. Surendra Kumar Choubey ====================================================== CORAM: HONOURABLE MR. JUSTICE ANIL KUMAR SINHA ORAL ORDER 08-09-2020 Heard learned Counsel for the petitioner, learned Counsel for the informant and learned Additional Public Prosecutor representing the State, through Video Conferencing. The petitioner seeks regular bail in connection with Akorih Gola Police Station Case No. 215 of 2019, registered for the offence punishable under Section 304-B of the Indian Penal Code.

The allegation against the petitioner is that the daughter of the informant (deceased) was married to the son of the petitioner, namely, Rahul Kumar, on 25.06.2019. It has further been alleged that the petitioner, along with other accused persons, started demanding Rs. 2,00,000/- in cash and one bullet motorcycle as dowry from the daughter of the informant and when the informant refused to fulfill the said demand, the

Patna High Court CR. MISC. No.18652 of 2020(3) dt.08-09-2020 2/3 accused persons, including the petitioner, threatened to kill the deceased and lastly on 04.11.2019, in the evening, the accused persons, including the petitioner, strangulated the neck of the deceased and burnt her.

Learned Counsel for the petitioner submits that the petitioner is the father-in-law of the deceased and is handicapped person. He further submits that there is no direct allegation against the petitioner and according to him, the deceased has committed suicide after pouring kerosene upon her body. He also submits that the room in which he deceased was burnt was found bolted from inside. He further submits that the husband of the deceased is in custody and the petitioner is in custody since 01.01.2020.

On the other hand, learned Additional Public Prosecutor and learned Counsel for the informant vehemently oppose the prayer for bail and submit that the deceased, within seven years of marriage, was killed by the petitioner and other in-laws of the deceased, including the husband of the deceased and the doctor has opined, in the post-mortem report, that the cause of death is incised wound by sharp cutting weapon and burn injuries.

After having heard learned Counsel for the parties and

Patna High Court CR. MISC. No.18652 of 2020(3) dt.08-09-2020 3/3 taking into consideration the materials on record, I am inclined to grant regular bail to the petitioner after framing of charge. This application is allowed.

Accordingly, let the petitioner, above named, be released on bail, after framing of charge against the petitioner, upon furnishing bail bond of Rs. 20,000/- (twenty thousand) with two sureties of the like amount each to the satisfaction of learned Sub Divisional Judicial Magistrate, Dehri, Rohtas, in connection with Akorih Gola Police Station Case No. 215 of 2019.

This is subject to the condition that the petitioner shall present himself before the Court, as and when required and in the event of failure on his part to appear before the Court on two consecutive occasions, his bail bond shall be liable to be cancelled.

It is made clear that at the time of furnishing bail bonds, all the parties shall follow the guidelines regarding lockdown and social distancing.

(Anil Kumar Sinha, J.) Prabhakar Anand/- U √ T √