Nand Lal Sah v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.46817 of 2023 Arising Out of PS. Case No.-527 Year-2021 Thana- JOGAPATTI District- West Champaran ====================================================== Nand Lal Sah S/O Fita Sah R/O Village- Darwaliya, Ps. Yogapatti, Dist. West Champaran ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Milind Kumar Mishra For the Opposite Party/s :

Mr.Manoj Kumar ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL KUMAR PANWAR ORAL ORDER 28-11-2023 Heard learned counsel for the petitioner and learned APP for the State.

The petitioner has filed the instant application for grant of regular bail in a case registered for the offences punishable under Sections 328, 302, 201/34 of the Indian Penal Code.

The prosecution case in nutshell is that the informant's daughter (deceased) was married to petitioner 15 years ago. The allegation against the petitioner and other co-accused persons is that they assaulted the informant's daughter with fists and slaps and killed her by administering poison.

Patna High Court CR. MISC. No.46817 of 2023(4) dt.28-11-2023 2/3 It is submitted by learned counsel for the petitioner that the petitioner is innocent and he has falsely been implicated in the present case. It is further submitted that the daughter of the deceased, namely, Lalti Kumari, has stated that domestic dispute arose between the deceased and her father (Petitioner) and due to this her mother consume rat killer medicine due to which she died. There is no consistent evidence against the petitioner. Moreover, the petitioner is languishing in judicial custody since 21.03.2023. A statement has been made in para 3 of the petition that petitioner has no criminal antecedent.

In contra, learned APP appearing for the State has vehemently opposed the prayer for Bail and submitted that FSL report shows that "Dichlorvos" was detected Having heard learned counsel for the parties and taking into consideration the facts and circumstances of the case as well as period of custody,

Patna High Court CR. MISC. No.46817 of 2023(4) dt.28-11-2023 3/3 this Court is inclined to enlarge the petitioner on bail. The above named petitioner is directed to be enlarged on bail in connection with Yogapatti P.S. Case No. 527 of 2021 on furnishing bail bond of Rs. 10,000/- (Rupees ten thousand) with two sureties of the like amount each to the satisfaction of the learned Judicial Magistrate, 1st Class, Bettiah, West Champaran.

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