Munna Turha v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.38778 of 2022 Arising Out of PS. Case No.-90 Year-2022 Thana- SAHPUR District- Bhojpur ====================================================== MUNNA TURHA Son of Late Ram Chandra Turha Resident of village - Itwa, P.S.- Sahpur, District - Bhojpur.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Shiv Prasad Gupta For the Opposite Party/s :

Mr.Amit Kumar Rakesh ====================================================== CORAM: HONOURABLE MR. JUSTICE MOHIT KUMAR SHAH ORAL ORDER 16-01-2023 Heard the learned counsel for the petitioner and the learned APP for the State.

The petitioner seeks regular bail in connection with Sahpur P.S. Case No. 90 of 2022, registered for the offence punishable under Sections 304(B), 34 of the Indian Penal Code. The accused persons including the petitioner herein are alleged to have administered poison to the daughter of the informant and killed her on account of non-fulfillment of the demand for dowry.

The learned counsel for the petitioner has submitted that the petitioner is innocent, he has been falsely implicated in the present case, he is

Patna High Court CR. MISC. No.38778 of 2022(5) dt.16-01-2023 2/3 having a clean antecedent and he is languishing in custody since 14.3.2022. The learned counsel for the petitioner has further submitted that the husband of the deceased victim lady, who is the son of the petitioner and is the main accused, has fled to Dubai after the alleged incident, however, the petitioner shall persuade him to surrender before the learned court below, hence, the petitioner be directed to be granted bail, subject to the husband of the deceased victim lady surrendering before the Ld. Court below. Per contra, the learned APP for the State has vehemently opposed the prayer for bail.

Having regard to the facts and circumstances of the case, considering the submissions made by the learned counsel for the petitioner and taking into account the materials on record, this Court directs for release of the petitioner on bail, immediately upon the son of the petitioner i.e. the husband of the deceased victim lady surrendering before the Ld. court below, subject to such conditions as may be deemed fit

Patna High Court CR. MISC. No.38778 of 2022(5) dt.16-01-2023 3/3 and proper to be imposed by the learned court of Chief Judicial Magistrate, District-Bhojpur at Ara in connection with Sahpur P.S.Case No. 90 of 2022.

The present petition stands disposed of with the aforesaid observations and directions.

(Mohit Kumar Shah, J) Ajay/- U T