Subhash Sah @ Shubhas Sah v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Miscellaneous No.18218 of 2015 Arising Out of PS.Case No. -1 Year- 2015 Thana -KEOTI District- DARBHANGA ======================================================
1. Subhash Sah @ Shubhas Sah son of Late Laxmi Sah resident of VillageNanaura Police Station- Keoti, District- Darbhanga .... .... Petitioner/s
Versus
1. The State of Bihar .... .... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s : Mr. Girish Chandra Jha For the Opposite Party/s : Mr. B.M.P.Sinha (App) ====================================================== CORAM: HONOURABLE MR. JUSTICE ADITYA KUMAR TRIVEDI ORAL ORDER 29-06-2015 Heard learned counsel for the petitioner as well as learned Additional Public Prosecutor.
Deceased, who was married with the petitioner about six years ago, faced torture as well as cruelty over fulfilment of demand of dowry and lastly she was done to death regarding which on 01.01.2015 the petitioner had informed the informant regarding ailment of deceased whereupon she came and found the scene otherwise, dead body of deceased having been kept in a courtyard without having presence of any family member. It has been submitted on behalf of the petitioner that during the course of post mortem examination no external injury has been found. It has also been submitted that demand of dowry happens to be false and frivolous assertion. Further more, the
Patna High Court Cr.Misc. No.18218 of 2015 (3) dt.29-06-2015 2/2 petitioner happens to be in custody since 18.03.2015. On the other end, learned Additional Public Prosecutor opposed the prayer.
Perused the case diary.
Apart from Naihar people, co-villager of the petitioner also supported the prosecution case as is evident from paragraphs 17, 18, 19 and 20 of case diary. During the course of post mortem examination, cause of death of deceased happens to be on account of asphyxia, due to hanging.
In the aforesaid facts and circumstances of the case, the prayer for bail is rejected.
(Aditya Kumar Trivedi, J) BKS/- U T