Bharat Sah v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.43048 of 2023 Arising Out of PS. Case No.-218 Year-2023 Thana- BARHARA District- Bhojpur ====================================================== Bharat Sah Son Of Bajari Sah @ Baliram Sah Resident Of Village - Saraiya, P.S. - Barhara, Krishnagarh (O.P.), District - Bhojpur ... ... Petitioner/s

Versus

THE STATE OF BIHAR, PATNA ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Ravindra Kumar, Advocate For the Informant : Mr. Rajeev Ranjan, Advocate Mr. Raju Kumar Singh, Advocate For the State :

Ms. Priyanka Kumari, Advocate Ms. Anjana Gupta, Advocate ====================================================== CORAM: HONOURABLE MR. JUSTICE CHANDRA PRAKASH SINGH ORAL ORDER 25-07-2023 Learned counsel for the petitioner is permitted to remove defect (s), as pointed out by the office, if any, within a period of four weeks on resumption of physical mode.

2. Heard learned counsel for the petitioner and learned A.P.P for the State.

3. The petitioner has preferred this application for grant of regular bail in connection with Barhara (Krishnagarh) P.S. Case No. 218 of 2023 dated 15.04.2023 registered for the offences punishable u/ss 498A, 304B read with Section 34 of the Indian Penal Code and u/s 3/4 of the Dowry Prohibition Act.

4. As per the prosecution case, the informant's daughter committed suicide by hanging herself due to

Patna High Court CR. MISC. No.43048 of 2023(2) dt.25-07-2023 2/2 torture meted out by all the accused persons for the sake of dowry.

5. Learned counsel for the petitioner has submitted that the petitioner is innocent and has falsely been implicated in this case. No dowry was either demanded by the petitioner or his family members. Nothing has been recovered from the conscious possession of the petitioner. The petitioner has got clean antecedent as stated in para 3 of the bail petition. The petitioner is the father-in-law of the deceased and he is in custody since 16.04.2023.

6. Learned A.P.P. for the State has vehemently opposed the bail petition of the petitioner.

7. Considering the aforesaid facts and circumstances of the case as well as the period of custody, the petitioner abovenamed, 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, Bhojpur at Ara in connection with Barhara (Krishnagarh) P.S. Case No. 218 of 2023.

8. The application stands allowed.

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