Pappu Sah v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.29951 of 2025 Arising Out of PS. Case No.-40 Year-2022 Thana- PARSAUNI District- Sitamarhi ====================================================== 1.

Pappu Sah S/O Channu Sah @ Chanu Sah R/O Village- Parsauni Melwar @ Parsauni Mailwar, P.S- Parsauni, Distt.- Sitamarhi. 2.

Channu Sah @ Chanu Sah S/O Jagdish Sah R/O Village- Parsauni Melwar @ Parsauni Mailwar, P.S- Parsauni, Distt.- Sitamarhi. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

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

Mr. Ram Sumiran Rai, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE DR. ANSHUMAN ORAL ORDER 14-05-2025 Heard learned counsel for the petitioners and learned APP for the State.

2. The petitioners are apprehending their arrest in connection with Parsauni P.S. Case No. 40 of 2022, lodged under Sections 304(B), 201, 120(B) of the Indian Penal Code in the Court of Judicial Magistrate, 1st Class, Sitamarhi.

3. As per the prosecution, FIR has been lodged against five named accused persons against whom there is an allegation that they have killed the informant's daughter due to non fulfillment of dowry demand.

4. Learned counsel for the petitioners submits that the petitioners are innocent and have committed no offence.

Patna High Court CR. MISC. No.29951 of 2025(2) dt.14-05-2025 2/3 Counsel submits that petitioner No.1 namely, Pappu Sah is the husband of the deceased and petitioner No. 2 namely, Channu Sah is father- in-law. Counsel submits that criminal antecedent of the petitioner No. 1 is not clean as there is one case pending against him, but criminal antecedent of Petitioner No. 2 is clean. Counsel submits that there is general and omnibus allegation against all the accused persons.

5. Learned APP for the State opposes the prayer for bail of the petitioners and submits that the present offence is registered under Section 304B of the I.P.C. and it is the petitioner No. 1 who is the husband of the deceased who is responsible to look after his wife.

6. As such, in the present facts and circumstances of this case, let the above named petitioner No. 2 namely, Channu Sah be released on anticipatory bail, in the event of arrest or surrender before the Trial Court within a period of 4 weeks from today, on furnishing bail bond of Rs.30,000/- (Rupees Thirty Thousand) as mentioned in Section 2(1)(d) of the BNSS, 2023 to the satisfaction of learned Judicial Magistrate 1st Class, Sitamarhi, in connection with Parsauni P.S. Case No. 40 of 2022, subject to the conditions as laid down U/s 482(2) of the BNSS, 2023.

Patna High Court CR. MISC. No.29951 of 2025(2) dt.14-05-2025 3/3

7. So far as bail application of petitioner No. 1 namely, Pappu Sah is concerned, this Court is not inclined to grant bail to him. Accordingly, anticipatory bail of petitioner No. 1 is hereby rejected.

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