Laxman Sah v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.38091 of 2025 Arising Out of PS. Case No.-332 Year-2024 Thana- MAHISHI District- Saharsa ====================================================== Laxman Sah S/o Lal Bahadur Sah R/o Village-Jhakhra, ward No 13 ,P.SMahishi District-Saharsa ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Shailendra Kumar Singh, Advocate Mr. Kumari Rashmi, Advocate For the Opposite Party/s :

Mr. Sanjay Kumar Singh, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE ASHOK KUMAR PANDEY ORAL ORDER 02-09-2025 Heard learned counsel for the petitioner and learned APP for the State.

2. The petitioner has prayed for regular bail in a case registered for the offence punishable under sections 80, 3(5) of the BNS.

3. The case of the prosecution is that Sabita Kumari was married to the petitioner in the year 2022. It is further alleged that she has been killed by the petitioner and her in-laws as the demand of Rs. 1,00,000/- was not fulfilled. Hence, the present FIR.

4. Learned counsel for the petitioner submits that the petitioner is innocent and has falsely been implicated in connection with the present case. It is further submitted that admittedly, the petitioner is the husband, however, from a perusal of the materials available in the case diary, it transpires

Patna High Court CR. MISC. No.38091 of 2025(3) dt.02-09-2025 2/2 that the present case is one of suicide. The witnesses have stated that on the occasion of 'chhath puja' , all the family members had gone to offer prayers, leaving the deceased alone in the house and during that period, she committed suicide. A perusal of the post-mortem report also reveals that a ligature mark was found on the neck, with no other external injury. Further from the FSL report, it transpires that the case has been opined to be a suspected case of suicide. Moreover, the petitioner is languishing in judicial custody since 09.12.2024 having no criminal antecedent.

5. Learned APP appearing for the state has opposed the prayer of regular bail.

6. Considering the aforesaid facts and circumstances of the case, this court is inclined to enlarge the petitioner on bail. The above named petitioner is directed to be released on bail in connection with Mahishi P.S. Case No. 332 of 2024 on furnishing bail bond of Rs.10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of learned Chief Judicial Magistrate, Saharsa.

(Ashok Kumar Pandey, J) Jagdish/- U T