Indal Sah v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.25622 of 2022 Arising Out of PS. Case No.-121 Year-2020 Thana- MAJHAULIA District- West Champaran ====================================================== INDAL SAH S/o Late Jhapas Sah @ Jhapas Mahto R/o village- Bakharia, Pokhra Tola, P.S.- Majhaulia, District- West Champaran ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Umesh Chandra Verma, Advocate For the Opposite Party/s :

Mr.Raj Kishore Singh, A.P.P.

====================================================== CORAM: HONOURABLE MR. JUSTICE MOHIT KUMAR SHAH ORAL ORDER 19-01-2023 Heard the learned counsel for the petitioner and the learned A.P.P. for the State. The petitioner seeks regular bail in connection with Majhaulia P.S. Case No. 121 of 2020 registered for the offences punishable under Sections 304-B and 201/34 of the Indian Penal Code.

The allegation is regarding accused persons having killed the deceased victim lady on account of non-fulfillment of the demand for dowry. The learned counsel for the petitioner has submitted that the petitioner is innocent, he has been falsely implicated in the present case, is

Patna High Court CR. MISC. No.25622 of 2022(3) dt.19-01-2023 2/3 having a clean antecedent and he is languishing in custody since 14.02.2022. It is further submitted that the petitioner is father-in-law of the deceased victim lady and was staying separately from his son and the deceased victim lady, hence, has got nothing to do with the alleged occurrence. It is also submitted that if anybody might be responsible for the death of the deceased victim lady, it might be the husband of the deceased victim lady, who is in custody since 10.09.2020, hence, no prejudice would be caused to the prosecution in case the petitioner is granted the privilege of bail.

Per contra, the learned A.P.P. for the State has vehemently opposed the prayer for bail.

Having regard to the facts and circumstances of the case, considering the submissions made by the learned counsel for the petitioner and taking into account the materials available on record as also considering the fact that the husband of the deceased victim lady is already behind bars, apart from the fact that the petitioner is stated to be living separately from the

Patna High Court CR. MISC. No.25622 of 2022(3) dt.19-01-2023 3/3 deceased victim lady and her husband, I deem it fit and proper to admit the petitioner to the privilege of bail.

Accordingly, the petitioner, above named, is directed to be released on bail on furnishing bail bond of Rs. 10,000/- (Ten Thousand) with two sureties of the like amount each to the satisfaction of learned Chief Judicial Magistrate, West Champaran at Bettiah in connection with Majhaulia P.S. Case No. 121 of 2020.

(Mohit Kumar Shah, J) S.Sb/- U T