Rama Sah v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.35926 of 2022 Arising Out of PS. Case No.-217 Year-2020 Thana- HARSIDHI District- East Champaran ====================================================== Rama Sah Son of Late Sheo Lochan Sah Resident of Village-Manikpur, Rupdhih, Ward No.-05, P.S.-Harsidhi, District-East Champaran. ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Shakil Ahmad Khan, Advocate For the Opposite Party/s :
Mr. Humayou Ahmad Khan, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE CHANDRA SHEKHAR JHA ORAL ORDER 17-11-2022 Heard learned counsel appearing on behalf of the petitioner and learned APP appearing on behalf of the State. Let the defect(s), if any, be removed within a period of four weeks from today.
The petitioner seeks bail in connection with Harsidhi P.S. Case No. 217 of 2020 registered for the offence under Sections 304(B) and 34 of the Indian Penal Code. The accused/petitioner is named in the F.I.R. and is in custody since 08.01.2022.
The allegation against the petitioner is to cause death of daughter of the informant, who is the daughter-in-law of the petitioner, alongwith other co-accused persons/family members, due to non-fulfillment of demand of dowry, as raised for Rs.3 Lakh and one motorcycle.
Patna High Court CR. MISC. No.35926 of 2022(2) dt.17-11-2022 2/3 Learned counsel appearing on behalf of the petitioner submitted that petitioner is the father-in-law and living separately from the deceased/daughter-in-law and her husband. It is submitted that petitioner was not connected, in any manner, with their daily domestic affairs and implicated falsely in the present case, only being father-in-law/family member. It is further submitted that the thrust of allegation, as regard to demand of dowry and also as regard to the occurrence, is available against the husband of the deceased. While concluding the argument, it is submitted that petitioner is a man of clean antecedent and, moreover, investigation in this case is complete for which chargesheet has been submitted, as such, there is no chance of tampering with the evidence.
Learned APP appearing on behalf of the State, while opposing the prayer of bail, fairly conceded the fact that petitioner is the father-in-law of the deceased. In view of the facts and circumstances, as mentioned above, as petitioner is the father-in-law, living separately coupled with the fact that chargesheet has already been submitted, let the petitioner, above named, is directed to be released on bail in connection with Harsidhi P.S. Case No. 217 of 2020 on furnishing bail bond of Rs.10,000/- (Rupees Ten
Patna High Court CR. MISC. No.35926 of 2022(2) dt.17-11-2022 3/3 Thousand) with two sureties of the like amount each to the satisfaction of learned Chief Judicial Magistrate, East Champaran at Motihari/concerned Court, subject to the conditions as laid down u/s 437(3) of the Cr.P.C. (Chandra Shekhar Jha, J) Ankit/- U T