Patna High CourtCR. MISC./31544/2024bail granted

Hari Sah v. The State Of Bihar

2024-04-25Mr. Justice R. P. Mishra3 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.31544 of 2024 Arising Out of PS. Case No.-109 Year-2023 Thana- BANDHUWA KURAWA District- Banka ====================================================== HARI SAH SON OF LATE KULDEEP SAH RESIDENT OF VILLAGE - PHAGA, POLICE STATION - BANDHUA KURABA, DISTRICT - BANKA ... ... Petitioner/s

Versus

THE STATE OF BIHAR ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Ajay Mukherjee, Advocate For the Opposite Party/s :

Mr.Madhura Nand Jha, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RUDRA PRAKASH MISHRA ORAL ORDER 25-04-2024 Heard learned counsel for the petitioner and learned APP for the State.

2. The petitioner seeks bail in connection with Bandhua Kuraba P.S. case No. 109 of 2023 instituted for the offences under Sections 304B/34 of the Indian Penal Code.

3. Prosecution case, in short, is that the petitioner alongwith the family members tortured and killed the deceased for the non-fulfillment of demand of dowry.

4. Learned counsel for the petitioner submitted that the

Patna High Court CR. MISC. No.31544 of 2024(2) dt.25-04-2024 2/3 petitioner has falsely been implicated in the present case. Petitioner is the father-in-law of the deceased. Learned counsel for the petitioner submitted that general and omnibus allegation has been made against the petitioner. No specific overt act is alleged against the petitioner. Learned counsel further submitted that petitioner is separate in mess and business and has got no concern in the family affairs of the deceased and her husband. Husband of the deceased is already in custody. It has been submitted on behalf of the petitioner that the petitioner is in custody since 29.12.2023 and has no criminal antecedent.

5. Learned A.P.P. for the State has vehemently opposed the prayer for grant of bail to the petitioner.

6. Considering the aforesaid facts and circumstances of the case, general and omnibus allegation against the petitioner, husband of the deceased already being in custody, clean antecedent of the petitioner as also the period of custody undergone by the petitioner, this Court is inclined to grant bail to the petitioner.

7. Let the petitioner be released on bail on furnishing bail bonds of Rs.10,000/- (Ten thousand) with two sureties of the like amount each to the satisfaction of Court below/concerned Court in connection with Bandhua Kuraba

Patna High Court CR. MISC. No.31544 of 2024(2) dt.25-04-2024 3/3 P.S. case No. 109 of 2023.

(Rudra Prakash Mishra, J) Alok Verma/- U T