Rambalak Sah @ Balak Sah v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.43892 of 2023 Arising Out of PS. Case No.-83 Year-2022 Thana- PAKRIDAYAL District- East Champaran ====================================================== Rambalak Sah @ Balak Sah S/O Ganesh Sah R/O Village- Mathiya, P.SPakaridayal, East Champaran. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Ujjwal Kumar Singh For the Opposite Party/s :

Mr.Mithlesh Kumar Khare ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL KUMAR PANWAR ORAL ORDER 23-08-2023 Heard learned counsel for the petitioner and learned A.P.P for the State.

The petitioner is languishing in custody in a case registered for the offences punishable under Sections 304(B), 302, 34 of the Indian Penal Code. It is a case of commission of murder of the daughter of the informant by all her in-laws family members including the petitioner for non-fulfillment of dowry demand.

It is submitted by learned counsel for the petitioner that petitioner is innocent and he has falsely been implicated in this case. The petitioner is husband of

Patna High Court CR. MISC. No.43892 of 2023(3) dt.23-08-2023 2/3 the deceased. There is no prior complaint against the petitioner. The deceased got seriously ill due to diarrhea and died during treatment. The family members of the deceased were also informed about her ill health. Moreover, good sense has prevailed between the parties and both sides have compromised the issue. The compromise petition is annexed as Annexure-2 to the petition. The petitioner is in custody since 03.04.2023. A statement has been made in para 3 of the petition that petitioner has clean antecedent.

Learned A.P.P appearing on behalf of the State has vehemently opposed the prayer for bail of the petitioner and submitted that petitioner is husband of the deceased and he was fully responsible for commission of murder of the deceased.

Considering the facts aforesaid and the period under custody, 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

Patna High Court CR. MISC. No.43892 of 2023(3) dt.23-08-2023 3/3 to the satisfaction of learned Chief Judicial Magistrate, Motihari, East Champaran in connection with Pakaridayal P.S. Case No. 83 of 2022.

(Sunil Kumar Panwar, J) Shageer/- U T