Patna High CourtCR. MISC./19458/2020bail rejected

Ritesh Sah @ Nitesh v. The State Of Bihar

2020-09-07Mr. Justice Prabhat Kumar Singh2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.19458 of 2020 Arising Out of PS. Case No.-64 Year-2019 Thana- BAIRIYA District- West Champaran ====================================================== RITESH SAH @ NITESH Son of Jagdish Sah Resident of Village- Pakhnaha Bazar, P.S.- Bairiya, District- West Champaran. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Sanjay Kumar No 7 For the Opposite Party/s :

Mr.Mohammed Arif ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH ORAL ORDER 07-09-2020 This matter is taken up for consideration through Video Conferencing under the orders of Hon'ble the Chief Justice.

Heard learned counsel for the petitioner, learned counsel for the informant and learned A.P.P for the State. The petitioner seeks bail in Bairiya P.S. Case No. 64 of 2019 registered for the offence punishable under Sections 302/34 of the Indian Penal Code.

Prosecution case in brief is that informant's daughter was married with this petitioner one year ago. One motorcycle was given by the informant to this petitioner which was registered in the name of his daughter. Petitioner alongwith other accused persons wanted to sell that motorcycle which was being protested by the daughter of informant. Ultimately, on

Patna High Court CR. MISC. No.19458 of 2020(4) dt.07-09-2020 2/2 20.02.2019, the petitioner and his family members killed the daughter of informant by strangling.

It is submitted on behalf of the petitioner that petitioner has been falsely implicated in this case. Petitioner is innocent. There is no allegation of demand of dowry and torture. The daughter of informant (deceased) has committed suicide. Petitioner is husband of the deceased and the death has occurred in other than the normal circumstance. The cause of death is asphyxia due to strangulation.

Considering the facts aforesaid and the nature of allegation, I am not inclined to enlarge the petitioner abovenamed on bail. Accordingly, the same is rejected. (Prabhat Kumar Singh, J) vinita/- U T