Chotu Sah @ Sahabu Sah v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Miscellaneous No.29481 of 2018 Arising Out of PS. Case No.-33 Year-2017 Thana- MAKHDUMPUR District- Jehanabad ====================================================== Chotu Sah @ Sahabu Sah, S/o Idrish Sah, Resident of Village- Nandanpura, P.S. Makhdumpur (Teta), District Jehanabad.
... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Siddhartha Prasad For the Opposite Party/s :
Mr. Nand Kishore Pd ====================================================== CORAM: HONOURABLE MR. JUSTICE SUDHIR SINGH ORAL ORDER 10-07-2018 Heard learned counsel for the petitioner and learned APP for the State.
The petitioner seeks bail in a case instituted for the offences under Sections 326, 498(A)/34, 304(B) of the Indian Penal Code.
Allegation against the petitioner is of committing torture and thereafter committed murder of the victim due to non-fulfilment of demand of dowry.
It has been submitted on behalf of the petitioner that the petitioner is in custody since 11.04.2018 and has got no criminal antecedent. There is no allegation of tampering of witnesses alleged against the petitioner. Charge-sheet has been submitted in the present case. The petitioner has been made accused due to mistake of fact. The informant of the case has
Patna High Court Cr.Misc. No.29481 of 2018(4) dt.10-07-2018 2/2 filed an affidavit before the Court below vide Annexure-3 to the present application in which she has denied the allegations made in the F.I.R.
On behalf of the State, it is submitted that the petitioner is named in the F.I.R/complaint case. Considering the aforesaid facts and circumstances, it is directed that 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 to the satisfaction of learned Sub-Divisional Judicial Magistrate, Jehanabad in connection with Makhdumpur P.S. Case No. 33 of 2017.
(Sudhir Singh, J) Pankaj/- U T