Bikash Sah v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No. 49232 of 2021 Arising Out of PS. Case No.-230 Year-2019 Thana- SINGHESHWAR District- Madhepura ====================================================== Bikash Sah Son of Late Nathuni Sah Resident of Village - Gauripur, P.S.- Singheshwar, Distt.- Madhepura.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Surya Narayan Yadav, Advocate For the Opposite Party/s :

Mr. Ashok Kumar, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE MOHIT KUMAR SHAH ORAL ORDER 15-09-2021 The instant case has been taken up for consideration through the mode of Video conferencing in view of the prevailing situation on account of COVID 19 Pandemic, requiring social distancing. Heard the learned counsel for the petitioner and Mr. Ashok Kumar, the learned APP for the State.

The present petition is by way of second attempt at the behest of the petitioner for grant of regular bail in connection with Shingheshwar PS case no. 230 of 2019 under Sections 363, 366A, 498A/34/34 of Indian Penal Code and 3/4 of Dowry Prohibition Act, inasmuch as earlier the prayer of the petitioner for grant of bail was rejected by this Court vide order dated 17.12.2020, passed in Cr. Misc. no. 28841 of 2020.

Patna High Court CR. MISC. No.49232 of 2021(2) dt.15-09-2021 2/3 The allegation against the petitioner, according to the informant, who is the mother of the victim girl, is that her daughter was married with the petitioner on 30.06.2019 as per Hindu rites and rituals, whereafter her daughter had stayed at her in-laws place for a month, however, subsequently the accused persons including the petitioner herein used to torture and misbehave with her as also used to assault her on account of non-fulfillment of the demand for dowry of Rs. 5 lacs and a motorcycle. Subsequently, on 05.09.2019, the accused persons had made the victim lady disappear and upon being asked about her whereabouts, no satisfactory answer was given by the accused persons, including the petitioner herein. The learned counsel for the petitioner has submitted that the petitioner is innocent and is languishing in custody since 31.12.2019. Per contra, the learned A.P.P. for the State has vehemently opposed the prayer for bail.

I have heard the learned counsel for the parties and I find that there is no change in circumstance from the day the prayer of the petitioner for grant of bail was rejected on 17.12.2020, till date, hence there is no occasion to re-consider the prayer of the petitioner for grant of bail, accordingly the present petition stands dismissed. (Mohit Kumar Shah, J) rinkee/-

Patna High Court CR. MISC. No.49232 of 2021(2) dt.15-09-2021 3/3 U T