Vikash Sah v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.51625 of 2023 Arising Out of PS. Case No.-385 Year-2022 Thana- MANJHI District- Saran ====================================================== VIKASH SAH Son of Mahesh Sah @ Mahesh Prasad Resident of village - Manjhi, P.S. - Manjhi, Distt. - Saran at Chapra ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Tej Pratap Singh For the Opposite Party/s :

Mr.Rana Randhir Singh ====================================================== CORAM: HONOURABLE MR. JUSTICE RAMESH CHAND MALVIYA ORAL ORDER 28-02-2024 Heard learned counsel appearing on behalf of the parties.

2.

The petitioner seeks bail in connection with Manjhi P.S. Case No.385 of 2022 registered for the offence under Sections 304B, 302 and 149 of the Indian Penal Code. 3.

Allegation against the petitioner is to have committed murder of the sister (Kunti Devi) of the informant. 4.

Learned counsel appearing on behalf of the petitioner has submitted that petitioner has falsely been implicated in the present case. It is submitted that the present petitioner is husband of the deceased, where, marriage of deceased and this petitioner was solemnized in the year 2014 and death of the deceased caused on 14.10.2022, after eight

Patna High Court CR. MISC. No.51625 of 2023(4) dt.28-02-2024 2/3 years of the marriage. It is submitted that petitioner has never demanded any dowry and have three children. It is further submitted that the deceased tried to commit suicide on 06.10.2023 and this petitioner in presence of the informant shifted the deceased at Patna Med Well Private Limited for better treatment, but deceased could not survive and died during course of treatment on 14.10.2022. It is also submitted that the present petitioner has expended near about Rs. 5,00,000/- in the treatment of her deceased-wife in hospital. It is further submitted that petitioner is a man of clean antecedent and he is in custody since 01.03.2023.

5.

Learned APP appearing for the State, opposes the prayer for bail of the petitioner. 6.

Considering the facts and circumstances and submissions made on behalf of the petitioner and it appears from perusal of supplementary affidavit that the petitioner has already expended approximately Rs.5,00,000/- towards medical treatment to save her deceased-wife and as marriage of the deceased and this petitioner was solemnized in the year 2014, let the petitioner, above named, is directed to be released on bail in connection with Manjhi P.S. Case No.385 of 2022 on furnishing bail bonds of Rs.10,000/- (Rupees Ten Thousand)

Patna High Court CR. MISC. No.51625 of 2023(4) dt.28-02-2024 3/3 with two sureties of the like amount each to the satisfaction of learned Judicial Magistrate, 1st Class, Saran at Chapra. (Ramesh Chand Malviya, J) S.Katyayan/- U T