Vijay Sah v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.46470 of 2023 Arising Out of PS. Case No.-91 Year-2023 Thana- LALIT NARAYAN UNIVERSITY District- Darbhanga ====================================================== 1.

Vijay Sah Son Of Late Debu Sah Resident Of Mohalla - Azam Nagar, P.S.- L.N.M.U., District - Darbhanga.

2.

Rita Devi Wife Of Vijay Sah Resident Of Mohalla - Azam Nagar, P.S.- L.N.M.U., District - Darbhanga.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Iqbal Asif Niazi For the Opposite Party/s :

Mr.Md. Ataur Rahman ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL KUMAR PANWAR ORAL ORDER 04-08-2023 Heard learned counsel for the petitioners and learned APP for the State.

The petitioners have prayed for regular bail in a case registered for the offence punishable under sections 304(B), 34 of the Indian Penal Code.

As per prosecution case, it is a case of dowry death due to non-fulfillment of dowry demand and the petitioners are alleged to be in laws of the deceased. Learned counsel for the petitioners submit that the petitioners are innocent and have committed no offence. The petitioners are father-in-law and mother-in-law of the

Patna High Court CR. MISC. No.46470 of 2023(2) dt.04-08-2023 2/3 deceased due to which they have falsely been implicated in the present case. The deceased was earlier solemnized marriage with one Naveen Kumar, later on, she solemnized love marriage with the petitioner's son without getting her first marriage dissolved and due to which family dispute is going on between the informant's side and petitioners' side. There is no specific allegation of commission of murder levelled against the petitioners and there is no eye-witness of the alleged occurrence. The petitioners have got no criminal antecedent. It is further submitted that the husband of the deceased is already in judicial custody. Moreover, the petitioners are languishing in judicial custody since 25.03.2023.

Learned APP appearing for the state has opposed the prayer of regular bail.

Having heard learned counsel for the parties and considering the facts and circumstances of the case as well as judicial custody, this court is inclined to enlarge the petitioners on bail. The above named petitioners are directed to be released on bail in connection with L.N.M.U. P.S. Case No. 91 of 2023 on furnishing bail bond of

Patna High Court CR. MISC. No.46470 of 2023(2) dt.04-08-2023 3/3 Rs.10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of learned Judicial Magistrate-Ist Class, Darbhanga.

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