← Library
Patna High CourtCR. MISC./40183/2021bail granted

Jagdish Sah v. The State Of Bihar

2022-04-12Mr. Justice Anil Kumar Sinha3 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.40183 of 2021 Arising Out of PS. Case No.-122 Year-2021 Thana- GOPALGANJ TOWN DistrictGopalganj ====================================================== JAGDISH SAH Son of Late Ramgovind Sah Resident of Village- Chhapiya, Ward No.24, Police Station- Gopalganj Nagar, District- Gopalganj. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Baxi S.R.P. Sinha, Sr. Advocate Mr. Lokesh Kumar Singh, Advocate For the Opposite Party/s :

Mr. Pronoti Singh, A.P.P.

====================================================== CORAM: HONOURABLE MR. JUSTICE ANIL KUMAR SINHA ORAL ORDER 12-04-2022 Heard Mr. Baxi S.R.P. Sinha, learned senior counsel for the petitioner and Mr. Pronoti Singh, learned Additional Public Prosecutor appearing for the State.

Petitioner seeks regular bail in connection with Gopalganj Town P.S. Case No. 122 of 2021 registered for the offences punishable under Sections 304(B), 201/34 of the Indian Penal Code 1860 and Sections 3/4 of Dowry Prohibition Act. The marriage of the informant's daughter was solemnized with the son of the informant in the year 2018 and the allegation is that the petitioner along with other accused persons started demanding a sum of Rs.3,00,000/- as dowry and due to non-fulfillment of the said demand, the accused persons killed the daughter of the informant and disposed the dead body

Patna High Court CR. MISC. No.40183 of 2021(3) dt.12-04-2022 2/3 secretly.

Learned senior counsel for the petitioner submits that petitioner is the father-in-law of the deceased aged about 70 years and has been implicated in this case on the basis of general and omnibus allegation of demand of dowry. He further submits that similarly situated co-accused i.e. brother-in-law of the deceased has been granted bail by a co-ordinate Bench of this Court in Cr. Misc. 6709 of 2022. The petitioner is in custody since 21.02.2021, charge sheet has already been submitted and the husband of the deceased has surrendered and is in custody.

Regards being had to the submission made by the parties and taking into consideration the materials on record, the fact that other co-accused i.e. brother-in-law of the deceased has been granted bail by a co-ordinate Bench of this Court and the petitioner, who is aged about 70 years, is in custody since 21.02.2021, I am inclined to grant regular bail to the petitioner. Accordingly, let the petitioner, above named, be released on regular bail on furnishing bail bonds of Rs.10,000/- (Ten thousand) with two sureties of the like amount each to the satisfaction of learned Chief Judicial Magistrate, Gopalganj, in connection with Gopalganj Town P.S. Case No. 122 of 2021

Patna High Court CR. MISC. No.40183 of 2021(3) dt.12-04-2022 3/3 subject to the condition that the petitioner will be well represented on each date in the trial and if he fails to do so on two consecutive dates, his bail bonds will be liable to be cancelled.

(Anil Kumar Sinha, J) S.Ali/- U T