Pradip Sah v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.47405 of 2023 Arising Out of PS. Case No.-21 Year-2023 Thana- PATAHI District- East Champaran ====================================================== Pradip Sah, Male, aged about 33 years, son of Lalan Sah, resident of villagePadumker, P.S.-Patahi, District-East Champaran ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Dhurendra Kumar, Advocate For the Opposite Party/s :

Mr. Uma Shankar Prasad Singh, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE KHATIM REZA ORAL ORDER 11-08-2023 Heard learned counsel for the petitioner and learned Additional Public Prosecutor for the State.

2. The petitioner apprehends arrest in connection with Patahi PS Case No.21 of 2023 dated 24.01.2023, instituted under Sections 304-B, 201/34 of the Indian Penal Code.

3. The allegation against the petitioner is of killing his wife, Rinku Devi, due to non-fulfillment of demand of dowry.

4. Learned counsel for the petitioner submits that the deceased gave birth to a dead female child and thereafter she became disturbed mentally and on the date of occurrence i.e., 20.01.2023, in the morning, suddenly she became unconscious. She was taken to hospital but she breathed her last in the way. Thereafter, the petitioner and his family members returned back to his home. Information was given to the informant about the death of his daughter but he could not reach the house of the

Patna High Court CR. MISC. No.47405 of 2023(2) dt.11-08-2023 2/2 petitioner in time. Learned counsel further submits that the informant has filed a compromise petition in the Court below, wherein, the informant has admitted that due to some misunderstanding the case was filed by him. The informant and his family members had informed the informant about the incident but due to long distance he could not reach at the time of cremation. Lastly, it is submitted that the petitioner is a man of clean antecedent.

5. Learned APP has opposed the prayer for bail.

6. Having considered the facts and circumstances of the case and submissions of learned counsel for the parties, in the event of arrest or surrender before the Court below within six weeks from today, the petitioner be released on bail upon furnishing bail bonds of Rs.10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of the learned Chief Judicial Magistrate, East Champaran at Motihari, in Patahi PS Case No. 21 of 2023, subject to the conditions laid down in Section 438(2) of the Code of Criminal Procedure, 1973.

(Khatim Reza, J) J. Alam/- U T