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Patna High CourtCR. MISC./35056/2020allowed

Nandu Sah v. The State Of Bihar

2020-12-22Mr. Justice Anjani Kumar Sharan2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.35056 of 2020 Arising Out of PS. Case No.-198 Year-2020 Thana- SUGAULI District- East Champaran ====================================================== NANDU SAH, Son of Late Adalat Sah, Resident of Village- Sugauli Bhoj Mahara Tola Ward No. 18, Police Station- Sugauli, District- East Champaran. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Anil Kumar For the Opposite Party/s :

Mr.Atul Chandra ====================================================== CORAM: HONOURABLE MR. JUSTICE ANJANI KUMAR SHARAN ORAL ORDER 22-12-2020 Heard learned counsel for the petitioner and learned APP for the State through virtual court proceedings. Since the physical court proceeding is non-functional, due to present pandemic, COVID-19, the matter is listed with defects.

Learned counsel for the petitioner undertakes to remove the defects as pointed out by the office within three weeks of normal functioning of the court, failing which the office is directed to place the matter before the Bench. The petitioner seeks bail in a case registered for the offence punishable under Sections 304(B), 120(B) of the Indian Penal Code.

Allegation against the petitioner alongwith other accused persons is of killing the victim due to non-fulfillment of

Patna High Court CR. MISC. No.35056 of 2020(2) dt.22-12-2020 2/2 demand of dowry and also due to illicit relation with wife of Naga Sah of his brother-in-law Sudhan Sah.

Learned counsel for the petitioner submits that the petitioner is father-in-law of the deceased and not committed any offence as alleged in the FIR. The husband of the deceased in jail custody. The petitioner is in custody since 04.04.2020. The petitioner has got no criminal antecedent which is mentioned in para 3 of the bail application.

Learned APP for the State opposes the prayer for bail petition.

In the aforesaid facts and circumstances, let the petitioner, above named, be released on bail on furnishing bail bond of Rs. 25,000/- (rupees twenty five thousand) with two sureties of the like amount each in connection with Sugauli P.S. Case No. 198/2020 to the satisfaction of the learned Chief Judicial Magistrate, Motihari, East Champaran. (Anjani Kumar Sharan, J) amitkumar/- U T