Paltan Sah v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.57056 of 2018 Arising Out of PS.Case No. -69 Year- 2018 Thana -ISUAPUR District- SARAN ====================================================== Paltan Sah, Son of Jagarnath Sah, Resident of Village- Doila, P.S.- Mashrakh, District- Saran at Chapra.

.... .... Petitioner/s

Versus

The State of Bihar.

.... .... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s : Mr. Dewendra Narayan Singh, Adv. For the Opposite Party/s : Mr. Bhanu Pratap Singh, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE S. KUMAR ORAL ORDER 08-10-2018 Heard learned counsel for petitioner and learned A.P.P. for the State.

Petitioner seeks bail in Ishuapur P.S. Case No. 69/2018, registered for the offences punishable under Sections 302, 204, 498(A) and 34 of the Indian Penal Code.

Informant alleged that he married his daughter Gini Devi with Baharan Sah son of Paltan Sah (Petitioner) in the year 1998. Baharan Sah performed second marriage. It is further alleged that Baharan Sah (husband), Paltan Sah (Father-in-law), mother-in-law and Sautan started subjecting her to all sorts of torture. On 21.05.2018, they killed her by pressing her neck and cremated her dead-body without informing him.

It has been submitted that petitioner has falsely been

Patna High Court Cr.Misc. No.57056 of 2018 (3) dt.08-10-2018 2/3 implicated in this case. He is father-in-law of the deceased. The daughter of informant died due to heart disease not by strangulation. Moreover, the case has been compromised between the parties.

Petitioner has no criminal antecedent. He is in custody since 23.05.2018.

Considering the facts aforesaid, the petitioner abovenamed, is directed to 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 Sub-Divisional Judicial Magistrate, Saran at Chapra in connection with Ishuapur P.S. Case No. 69/2018, subject to the conditions:

(1.) Bailors should be local having sufficient immovable property within the jurisdiction of the court concerned.

(2.) Petitioner shall co-operate in the trial and shall be present on each and every date fixed by the court and his absence on two consecutive dates without proper and reasonable reason will be sufficient to cancel his bail bonds.

(3.) If the petitioner tampers with the evidence

Patna High Court Cr.Misc. No.57056 of 2018 (3) dt.08-10-2018 3/3 or the witnesses of the case, in that case, prosecution will be at liberty to move for cancellation of bail of the petitioner.

(S. Kumar, J) Vinita/- U T