Raju Sah v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.40072 of 2024 Arising Out of PS. Case No.-291 Year-2023 Thana- NAWANAGAR District- Buxar ====================================================== Raju Sah Son of Baijnath Kanu @ Baijnath Sah Resident of Village - Usra, P.S.- Nawanagar, Sonvarsha, District - Buxar. ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Maruti Kumari, Adv.
For the Opposite Party/s :
Mr. Madan Kumar, A.P.P.
====================================================== CORAM: HONOURABLE MR. JUSTICE ARUN KUMAR JHA ORAL ORDER 02-08-2024 Heard learned counsel for the petitioner and learned A.P.P. for the State.
2. In the present case, the petitioner seeks bail in connection with Nawanagar(Sonvarsha) P.S. Case No. 291 of 2023, registered for the offences under Sections 304B and 34 of the Indian Penal Code.
3. As per the prosecution case, daughter of the informant was married with the petitioner and she died within seven years of her marriage in her matrimonial home. Allegation against the petitioner and other co-accused persons is that they have been demanding Apache motorcycle, gold chain and Jersey cow and on non-fulfillment of the demand used to torture the daughter of the informant.
4. Learned counsel appearing on behalf of the
Patna High Court CR. MISC. No.40072 of 2024(3) dt.02-08-2024 2/3 petitioner submits that the petitioner is innocent and has been falsely implicated in this case. No occurrence as alleged has ever taken place. The daughter of the informant was married with the petitioner six years prior to the occurrence and they have two children out of this wedlock who are aged about four years and two years respectively. This shows relationship between the petitioner and the deceased was good. Due to some minor issue the daughter of the informant committed suicide as she was a very short tempered lady. The petitioner has no role in her death. The police investigated the matter and submitted charge sheet under Section 306 and Section 34 of the Indian Penal Code and cognizance has been taken under Section 306, Section 304B and Section 34 of the Indian Penal Code. Learned counsel further submits that matter has been compromised between the parties and the petitioner has himself surrendered before the learned Subordinate-Court on 18.09.2023. The petitioner is having no criminal antecedent.
5. Learned A.P.P. appearing for the State opposes the submission made on behalf of the petitioner.
6. Having regard to the fact and circumstances and submission made on behalf of the parties and considering the doubtful nature of allegation against the petitioner and also
Patna High Court CR. MISC. No.40072 of 2024(3) dt.02-08-2024 3/3 submission of charge sheet, the petitioner is directed to be released on bail, on furnishing bail bonds of Rs.10,000/- (Rupees Ten Thousand Only) each with two sureties of the like amount each to the satisfaction of learned A.D.J-II, Buxar/concerned court, in connection with Nawanagar(Sonvarsha) P.S. Case No. 291 of 2023, subject to the condition laid down under Section 437(3) of the code of Criminal Procedure and other following conditions: (i) One of the bailors will be a close relative of the petitioner.
(ii) The petitioner will remain present on each and every date fixed by the below, if so required by the learned trial court.
(iii) In case of absence on three consecutive dates or in violation of the terms of the bail, the bail bond of the petitioner will be liable to be cancelled by the court concerned.
(Arun Kumar Jha, J) anuradha/- U T