Nand Kishor Sah v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.14081 of 2021 Arising Out of PS. Case No.-8 Year-2020 Thana- CHARPOKHARI District- Bhojpur ====================================================== 1.

Nand Kishor Sah S/O Late Ramdayal Sah R/O Vill - Garhani Mahajan Toli, P.S. - Charpokhari, Dist. - Bhojpur.

2.

Deepak Sah Son of Nand Kishor Sah R/O Vill - Garhani Mahajan Toli, P.S. - Charpokhari, Dist. - Bhojpur.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Ajay Kumar Singh, Adv.

For the Opposite Party/s :

Mr. Dilip Kumar No. 1, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE ANJANI KUMAR SHARAN ORAL ORDER 07-12-2021 Heard learned counsel for the petitioners and learned Additional Public Prosecutor for the State.

The petitioners are apprehending their arrest in a case registered for the offence punishable under Section 304 (B) of the Indian Penal Code.

Allegation against the petitioner is that he along with his family members has killed the daughter of the informant. It is submitted by learned counsel for the petitioner that petitioner is innocent and has been falsely implicated in this case. He submits that there is general and omnibus allegation levelled against the petitioner. Learned counsel for the petitioner, by way of supplementary affidavit, submits that husband of the deceased has been granted bail because in the trial, all the witnesses have been declared hostile. He submits that petitioner no. 1 is Sasur and petitioner no. 2 is

Patna High Court CR. MISC. No.14081 of 2021(2) dt.07-12-2021 2/2 Devar of the deceased. He submits that daughter of the informant and her mother-in-law also died due to burnt injury which she received while her mother-in-law was trying to save the informant's daughter. He further submits that petitioners have no criminal antecedent as stated in para-3 of this application.

Learned APP for the State opposed the prayer for bail.

Considering the facts and circumstances of the case, the above named petitioners in the event of their arrest or surrender before the learned Court below within a period of six weeks from today, be enlarged on bail on furnishing bail bond of Rs.25,000/- (Rupees Twenty Five Thousand) each with two sureties of the like amount each to the satisfaction of the learned court below where the case is pending/successor court in connection with Charpokhari P.S. Case No. 08 of 2020, subject to the condition as laid down under Section 438 (2) of the Cr.P.C.

(Anjani Kumar Sharan, J) devendra/- U T