Prabhu Sah @ Prabhu Kumar Sah v. The State Of Bihar

Patna High Court Cr.Misc. No.43796 of 2015 (2) dt.14-10-2015

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.43796 of 2015 Arising Out of PS.Case No. -161 Year- 2015 Thana -GHORASAHAN DistrictEASTCHAMPARAN(MOTIHARI) ======================================================

1. PRABHU SAH @ PRABHU KUMAR SAH Son of Late Munichand Sah @ Mulchal Sah, Resident of Village - Nanaura, P.S. - Ghorasahan, District - East Champaran.

.... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Anil Kumar For the Opposite Party/s : Mr. Satyaverat Verma(App) ====================================================== CORAM: HONOURABLE MR. JUSTICE SAMARENDRA PRATAP SINGH ORAL ORDER 14-10-2015 The petitioner, who happens to be the husband of the deceased, apprehends his arrest in a case under sections 304B/34 of the Indian Penal Code.

The petitioner submits that it would appear from the order of the learned Sessions judge that the case was found to be true under section 306, though, it is alleged that at the instigation of petitioner, his mother and brothers administered poison to the deceased. The petitioner further submits that admittedly there is no allegation that he administered poison. He next submits that in fact the deceased committed suicide as his legs are deformed and he is handicapped to the extent of 45% percent.

Patna High Court Cr.Misc. No.43796 of 2015 (2) dt.14-10-2015 Grounds of the petitioner may be good for regular bail. In the facts of the case, let the petitioner surrender and seek regular bail, which would be disposed of on the same day taking into account that admittedly he did not administered poison and he is 45% handicapped.

(Samarendra Pratap Singh, J) Shashi.

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