Ashok Sah v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.40879 of 2023 Arising Out of PS. Case No.-72 Year-2022 Thana- RAGHUNATHPUR District- Siwan ====================================================== ASHOK SAH, Son of Late Mahatam Sah, Resident of Village - Laxmipur, P.S.- Raghunathpur, District - Siwan.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Krishna Kant Singh, Advocate For the Opposite Party/s :

Mr. Pranav Kumar, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL DUTTA MISHRA ORAL ORDER 14-07-2023 Heard learned counsel for the petitioner and learned APP for the State.

The petitioner seeks regular bail in connection with Raghunathpur P.S. Case No. 72 of 2022, Session Trial No. 576 of 2022 registered for the offence punishable under Section 304B/34 in which charges have been framed under Sections 302/34, 201/34, 304B of the Indian Penal Code and Section 3/4 of the Dowry Prohibition Act.

As per the prosecution case, due to non-fulfillment of demand of dowry, the petitioner and the co-accused persons are alleged to have committed murder of the daughter of the informant.

Learned counsel for the petitioner submits that the petitioner is father-in-law of the victim and has falsely been

Patna High Court CR. MISC. No.40879 of 2023(2) dt.14-07-2023 2/2 implicated in this case. There is general and omnibus allegation against the petitioner. The petitioner was separate from the husband of victim having no concern with them. He further submits that the similarly situated co-accused has been granted regular bail by a coordinate Bench of this Court vide order dated 07.07.2023 passed in Cr. Misc. No. 36677 of 2023. Petitioner is in jail custody since 13.04.2022. He has no criminal antecedent. The charges have already been framed.

Learned APP appearing for the State has opposed the prayer for regular bail of the petitioner.

Considering the aforesaid facts and circumstances of the case and submissions of learned counsel for the parties, let the petitioner, above named, be released on bail on furnishing bail bonds of Rs. 10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of learned Additional Sessions Judge-III, Siwan in connection with Raghunathpur P.S. Case No. 72 of 2022, S.Tr. No. 576 of 2022.

(Sunil Dutta Mishra, J) khushbu/- U T