Pramod Sah v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.40962 of 2024 Arising Out of PS. Case No.-318 Year-2023 Thana- YADOPUR District- Gopalganj ====================================================== Pramod Sah S/O Bunni Sah R/O Village- Satahan Kachehari Tola (sataha Kachhari Tola), P.S- Paharpur, Distt.- Motihari. ... ... Petitioner/s
Versus
The State Of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Ajay Kumar Singh, Adv.
For the Opposite Party/s :
Mr. Nitya Nand Tiwary, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE DR. ANSHUMAN ORAL ORDER 31-07-2024 Heard learned counsel for the petitioner and learned A.P.P. for the State.
2. The petitioner seeks regular bail in connection with Yadavpur P.S. Case No. 318 of 2023 dated 28.12.2023, lodged under Sections 302, 201, 34 of the Indian Penal Code.
3. As per the prosecution case, FIR has been lodged against four named accused persons including the present petitioner against whom there is an allegation that they have killed the daughter of Prabhu Sah and thrown her dead body in the river.
4. Learned counsel for the petitioner submits that the petitioner is innocent and has committed no offence. Counsel submits that in this case, four persons have been named accused including the father of the deceased. Counsel also submits that
Patna High Court CR. MISC. No.40962 of 2024(3) dt.31-07-2024 2/3 the petitioner is himself is a victim of conspiracy due to local politics. Counsel further submits that the criminal antecedent of the petitioner is clean and he is in custody since 29.12.2023.
5. Learned APP for the State opposes the prayer for bail of the petitioner and submits that on the previous occasion, case diary has been called for and from the case diary, it transpires that Prabhu Sah himself confess before the police that he in connivance with other accused persons have killed the alleged deceased whose dead body was alleged to be thrown in the river due to the reason that she has developed physical relation with the cousin brother.
6. Upon specific query of the Court from the counsel for the petitioner that whether charge has been framed in this case or not, counsel submits that he is not in a position to inform to this Court that whether charge has been framed or not.
7. In the present facts and circumstances of this case, it transpires to this Court that it is a case of honour killing and father of the deceased himself confess his guilt, but no cogent material has been recovered by the police.
8. As such, let the petitioner above named be granted bail, but only three months after framing of charge, if not framed on furnishing bail bonds of Rs.30,000/- (Rupees Thirty
Patna High Court CR. MISC. No.40962 of 2024(3) dt.31-07-2024 3/3 thousand) with two sureties of the like amount each to the satisfaction of learned A.C.J.M.-IV, Gopalganj in connection with Yadavpur P.S. Case No. 318 of 2023, subject to the conditions as laid down U/s 437(3) Cr.P.C.
(Dr. Anshuman, J) Divyansh/- U T