Patna High CourtCR. MISC./29012/2024bail rejected

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

2024-04-26Mr. Justice Prabhat Kumar Singh2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.29012 of 2024 Arising Out of PS. Case No.-520 Year-2023 Thana- SAUR BAZAR District- Saharsa ====================================================== Manish Kumar Sah @ Manish Kumar @ Manish Sah Son of Jawahar Prasad Sah @ Jawahar Sah Resident of Village- Sourbazar, Ward No.02, P.S.- Sourbazar, Dist.- Saharsa ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Pawan Kumar, Adv.

For the Opposite Party/s :

Mr. Jharkhandi Upadhyay, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH ORAL ORDER 26-04-2024 Heard learned counsel for the petitioner and learned A.P.P. for the State.

2. Petitioner is accused in connection with Sessions Trial No. 54 of 2024 arising out of Saur Bazar P.S. Case No. 520 of 2023 registered under Sections 302, 304-B and 120 of the Indian Penal Code.

3. It is alleged that petitioner along with other co-accused persons have committed torture as well as cruelty and killed the informant's daughter by making conspiracy on account of nonfulfillment of dowry demand.

4. Submission of learned counsel for the petitioner is that petitioner is innocent and has falsely been implicated in the present case due to ill motive of informant. Further submission

Patna High Court CR. MISC. No.29012 of 2024(3) dt.26-04-2024 2/2 is that petitioner is the husband of the deceased. He has neither tortured the deceased nor demanded any dowry. The petitioner is under custody since 04.09.2023.

5. Learned A.P.P. appearing on behalf of the State opposed the prayer for bail of the petitioner by contending that petitioner is the husband of the deceased and there is direct and specific allegation against him of killing the informant's daughter. Hence, he does not deserve to be enlarged on bail.

6. Having considered the above facts and circumstances of the case as well as the nature of allegation, this Court is not inclined to grant bail to the petitioner. The prayer for bail is, hereby, rejected.

(Prabhat Kumar Singh, J) utkarsh/- U T