Shatrudhan Sah v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Miscellaneous No.39676 of 2018 Arising Out of PS. Case No.-112 Year-2017 Thana- VIJAYEPUR District- Gopalganj ====================================================== Shatrudhan Sah, Son of Hareram Sah, Resident of Village- Bheria, P.S.- Vijaypur, District- Gopalganj.
... ... Petitioner/s
Versus
The State of Bihar.
... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Sanjay Kumar Pandey No-5, Adv.
For the Opposite Party/s :
Mr. Mukesh Kumar Singh, APP ====================================================== CORAM: HONOURABLE JUSTICE SMT. NILU AGRAWAL ORAL ORDER 07-09-2018 Heard learned counsel for the petitioner and learned APP for the State.
Petitioner is languishing in judicial custody since 25.11.2017 in connection with Sessions Trial No. 49/2018 arising out of Bijaipur @ Vijaypur P.S. Case No. 112/2017 for offences punishable under Sections 304 B and 201 of the Indian Penal Code.
The prosecution case, as lodged by the informant, is that his daughter Ruchi Sah was married to the petitioner seven years back and on 26.06.2017 he was informed that his daughter has been killed and her body cremated.
It has been submitted by the learned counsel for the petitioner that he is innocent and has been falsely implicated in the aforesaid case. He submits that marriage is more than seven years old, hence, Section 304-B of the IPC will not be applicable and there is contradiction in the statement of the
Patna High Court Cr.Misc. No.39676 of 2018(3) dt.07-09-2018 2/3 independent witnesses as the second sister of the informant was also married in the same village and the husband of the second sister of the informant was on inimical terms with the petitioner. He further submits that the deceased was sick and treated by the doctor as evident by the medial prescription of three days back of the alleged occurrence and that the family of the deceased took part in the cremation ceremony but the present case has been lodged as an afterthought. The petitioner undertakes to cooperate in the trial on day-to-day basis. However, learned APP for the State opposes the prayer for bail.
Considering the facts and circumstances and the materials on record, let petitioner, above named, be enlarged on bail on furnishing bail bond of Rs.10,000/-(Ten Thousand) with two sureties of the like amount each to the satisfaction of learned Addl. District and Sessions Judge-VIII, Gopalganj in connection with Sessions Trial No. 49/2018 arising out of Bijaipur @ Vijaypur P.S. Case No. 112/2017, G.R. No. 2274/2017, subject to the following conditions : (i) One of the bailors would be a close relative of the petitioner having sufficient immovable property, who will file an affidavit stating his relationship with the
Patna High Court Cr.Misc. No.39676 of 2018(3) dt.07-09-2018 3/3 petitioner.
(ii) Petitioner will appear before the learned court below during trial as and when required and failure to appear on two consecutive dates without assigning any reason will entail cancellation of his bail bonds.
(Nilu Agrawal, J) Rajesh/Pragya U T