Gorakh Sah v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.29611 of 2024 Arising Out of PS. Case No.-350 Year-2023 Thana- CHANPATIA District- West Champaran ====================================================== Gorakh Sah Son of Late Sarwan Sah Resident of Village - Maghiya, P.S. - Chanpatiya, District - West Champaran.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Sanjeev Kumar, Adv.

For the Opposite Party/s :

Mr. Sunil Kumar Pandey, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE DR. ANSHUMAN ORAL ORDER 15-05-2024 Heard learned counsel for the petitioner and learned A.P.P. for the State.

2. The petitioner seeks regular bail in connection with Chanpatia P.S. Case No. 350 of 2023, lodged on 09.06.2023 under Sections 304(B), 201, 34 of the Indian Penal Code.

3. As per the prosecution case, the FIR has been lodged against 7 named accused persons including the present petitioner. It has been alleged that the daughter of the informant was missing but upon pressure, the son in law of the informant had disclosed that he along with his family members have killed the daughter of the informant and buried her dead body.

4. Learned counsel for the petitioner submits that the petitioner is innocent and has committed no offence. Counsel also submits that the criminal antecedent of the petitioner is

Patna High Court CR. MISC. No.29611 of 2024(2) dt.15-05-2024 2/3 clean and he is in custody since 02.09.2023. Counsel further submits that the son in law of the informant (husband of the deceased) is already in custody. Counsel submits that the petitioner is the father in law of the deceased and he is separate in mess and property from the husband of the deceased.

5. Learned counsel for the petitioner submits that some accused persons have been granted anticipatory bail by the Co-ordinate Bench of this Court vide orders dated 01.03.2024 and 12.03.2024 passed in Cr. Misc. Nos. 7234 of 2024 and 14096 of 2024 respectively. Counsel also submits that one coaccused person has been granted regular bail by this Court vide order dated 19.03.2024 passed in Cr. Misc. No. 83037 of 2023.

6. Learned APP for the State opposes the prayer for bail of the petitioner and submits that in the FIR, the husband of the deceased has disclosed to the informant that they have killed the informant's daughter and hide her dead body. Counsel further submits that it has come in the investigation that the dead body has been recovered on the disclosure of the petitioner's son who has stated that they are in connivance with each other have killed the informant's daughter.

7. In the present facts and circumstances, this Court is not inclined to grant regular bail to the petitioner.

Patna High Court CR. MISC. No.29611 of 2024(2) dt.15-05-2024 3/3

8. Accordingly, the prayer for regular bail of the petitioner in connection with Chanpatia P.S. Case No. 350 of 2023, pending before the learned Chief Judicial Magistrate, Bettiah, West Champaran is hereby rejected.

9. The Trial Court is directed to conclude the trial within nine months from today.

(Dr. Anshuman, J.) Divyansh/- U T