Mohan Sah v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.38859 of 2021 Arising Out of PS. Case No.-558 Year-2020 Thana- ARA NAWADA District- Bhojpur ====================================================== MOHAN SAH S/O LALLU SAH R/o village- Anaith Kushwaha Dharamshala, P.S.- Ara Nawada, District- Bhojpur ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Anant Kumar Pandey, Advocate For the Opposite Party/s :

Mr. Sanjay Kumar Singh, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE PARTHA SARTHY ORAL ORDER 21-01-2022 Heard learned counsel for the parties through video conferencing.

The petitioner has preferred this application for grant of regular bail in a case registered under sections 304B and 34 of the Indian Penal Code.

As per the prosecution case, the accused persons including the petitioner herein are stated to have assaulted and tortured the daughter of the informant and ultimately having strangulated her to death.

It is submitted by learned counsel for the petitioner that the petitioner has been falsely implicated in the case. He is the elder brother of the husband of the deceased. The allegations are general and omnibus in nature. The petitioner is separate in residence and mess from the husband of the deceased. The husband of the deceased is in custody. The petitioner is in

Patna High Court CR. MISC. No.38859 of 2021(3) dt.21-01-2022 2/2 custody since 6.4.2021 and has no criminal antecedent. Chargesheet has been submitted in the case.

Heard learned APP for the State.

Having heard learned counsel for the parties and taking into consideration the general and omnibus nature of allegations, the husband of the deceased being in custody and chargesheet having been submitted in the case, the petitioner is directed to be enlarged on bail in connection with Ara Nawada P.S. Case no. 558 of 2020 on furnishing bail bond of Rs.10,000/- (Rupees Ten Thousand) with two sureties of the like amount each to the satisfaction of the learned Chief Judicial Magistrate, Bhojpur at Ara.

(Partha Sarthy, J) Spd/- U T