Patna High CourtCR. MISC./43355/2024bail granted

Sandeep Sah @ Nanhaki Sah v. The State Of Bihar

2024-07-20Mr. Justice Chandra Prakash Singh2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.43355 of 2024 Arising Out of PS. Case No.-104 Year-2023 Thana- PAHARPUR District- East Champaran ====================================================== Sandeep Sah @ Nanhaki Sah Son of Dhuri Sah Resident of Village - Khairwa Chaubey Tola, P.S.- Malahi, District - East Champaran ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Abhishek Kumar, Adv.

For the Opposite Party/s :

Mr.Ram Priya Sharan Singh, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE CHANDRA PRAKASH SINGH ORAL ORDER 20-07-2024 Heard learned counsel for the petitioner and learned A.P.P for the State.

2. The petitioner has preferred this application for grant of regular bail in connection with Paharpur (Malahi) P.S. Case No. 104 of 2023 dated 19.03.2023 registered for the offences punishable u/ss 498A, 120B, 304B read with Section 34 of the Indian Penal Code.

3. As per the prosecution case, the petitioner and the coaccused persons are alleged to have committed murder of the informant's daughter due to non-fulfillment of demand of dowry.

4. Learned counsel for the petitioner has submitted that the petitioner is innocent and has falsely been implicated in this case. The petitioner is the husband of the deceased and he has no concern with the alleged offence. The petitioner neither demand any dowry nor tortured the deceased. The informant in her deposition before

Patna High Court CR. MISC. No.43355 of 2024(2) dt.20-07-2024 2/2 Examination-in-Chief has stated that her daughter was died due to epilepsy. The petitioner has no criminal antecedent as stated in para 3 of the bail petition. The petitioner is in custody since 06.06.2023.

5. Learned A.P.P. for the State has vehemently opposed the bail petition of the petitioner and submitted that the regular bail petitioner of the petitioner was earlier rejected by this court vide order dated 13.10.2023 passed in Cr. Misc. No. 66157 of 2023.

6. Considering the aforesaid facts and circumstances of the case as well as the period of custody, the petitioner above-named, is directed to be enlarged on bail on furnishing bail-bond of Rs.20,000/- (Rupees Twenty Thousand) with two sureties of the like amount each to the satisfaction of learned Court concerned, East Champaran, Motihari in connection with Paharpur (Malahi) P.S. Case No. 104 of 2023.

7. The application stands allowed.

(Chandra Prakash Singh, J) Gautam/- U T