Disu Sah v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.44463 of 2022 Arising Out of PS. Case No.-27 Year-2022 Thana- LAURIA District- West Champaran ====================================================== DISU SAH son of Pramod Sah Resident of Village - Belwa, Ward no.8 , P.s.- Lauriya, Distt.- West Champaran.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Bimlesh Kumar Pandey For the Opposite Party/s :

Mr.Anuj Kumar Shrivastava ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL KUMAR PANWAR ORAL ORDER 11-01-2023 Heard learned counsel for the petitioner and learned APP for the State.

The petitioner has prayed for bail in a case instituted for the offence under Section 498A, 304B/34 of the Indian Penal Code.

As per allegation in the FIR, petitioner along with his family members have tortured in various ways due to nonfulfillment dowry demand and ultimately burnt her by pouring K. oil and during treatment, after eight days, she died. It is submitted by learned counsel for the petitioner that petitioner has been falsely implicated in this case. due to previous enmity. In fact, deceased died during cooking. Best efforts were made by the petitioner and his family members to save her life but they failed. She was burnt more than 70% and

Patna High Court CR. MISC. No.44463 of 2022(3) dt.11-01-2023 2/2 her statement was recorded by I.O. prior to her death, which is not reliable as she was senseless at the time of recording statement. Petitioner is in custody since 25.02.2022. The application for bail is opposed by learned APP for the State and learned counsel for the informant and submitted that petitioner is husband of the deceased and there is direct allegation against him. During investigation, several witnesses have supported the prosecution case. As per postmortem report, death was due to septicemia, Toximicia and shock as a result of burn. .

Having heard the learned counsel for the parties and considering the nature of allegation, this court is not inclined to enlarge the petitioner on bail and, as such, his prayer for bail stands rejected.

The trial court is directed to expedite and conclude the trial as early as possible.

(Sunil Kumar Panwar, J) sushma/- U