Sandeep Sah @ Sandip Kumar Sah @ Boko Sah v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.33565 of 2016 Arising Out of PS.Case No. -67 Year- 2015 Thana -KATORIA District- BANKA ====================================================== Sandeep Sah @ Sandip Kumar Sah @ Boko Sah Son of Late Dukhi Sah Resident of Village- Bandha, P.S.- Katoria (Jaipur), District- Banka. .... .... Petitioner

Versus

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

For the Petitioner/s : Mr. Sanjay Kumar Jha For the Opposite Party/s : Mr. Narendra Kumar Singh ====================================================== CORAM: HONOURABLE MR. JUSTICE SUDHIR SINGH ORAL ORDER 06-12-2016 Heard learned counsel for the petitioner and the learned counsel appearing on behalf of the State.

The petitioner seeks bail in a case instituted under Sections 304(B) and 324/34 of the Indian Penal Code. The allegation against the petitioner is of committing murder of the daughter of the informant due to non-fulfillment of the demand of dowry.

A report was called for from the court below. The same is at Flat-'C'. It has been reported that all the prosecution witnesses have been examined and the trial is expected to be concluded within a period of three months, if the prosecution and defence co-operate.

It has been submitted on behalf of the petitioner that the

Patna High Court Cr.Misc. No.33565 of 2016 (4) dt.06-12-2016 2/2 petitioner is in custody since 01.04.2015. The charge sheet has been submitted in the present case. The petitioner has got no criminal antecedent. There is no allegation of tampering of witnesses alleged against the petitioner. He has falsely been implicated in the present case. There is no eyewitness to the alleged occurrence.

On behalf of the state, it has been submitted that the petitioner is named in the F.I.R. and he is husband of the deceased. The trial is at a concluding stage.

Considering the aforesaid facts and circumstances, I am not inclined to grant bail to the petitioner. The same is rejected in Katoria (Jaipur) P.S. Case No. 67 of 2015, corresponding to S.Tr. No. 208 of 2015, Tr. No. 348 of 2016, pending in the court of learned Additional Sessions Judge-IV, Banka.

(Sudhir Singh, J.) Amit/- U T