Pramod Sah v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.55524 of 2024 Arising Out of PS. Case No.-217 Year-2022 Thana- CHIRAIYA District- East Champaran ====================================================== Pramod Sah Son of Kishori Sah R/o Village- Ashram Madhubani, P.S.- Chiraiya, District- East Champaran at Motihari ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Shashank Shekhar, Advocate For the State :

Mr. Surendra Kumar, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RAJESH KUMAR VERMA ORAL ORDER 13-09-2024 Heard Mr. Shashank Shekhar, learned counsel for the petitioner and Mr. Surendra Kumar, learned A.P.P. for the State.

2. The petitioner seeks bail, who is in custody since 14.02.2024, in connection with Chiraiya P.S. Case No. 217 of 2022, FIR dated 08.05.2022 for the offences punishable under Sections 304B and 34 of the Indian Penal Code.

3. As per the prosecution case, daughter of the informant has been killed by the accused persons for nonfulfillment of the demand of dowry.

4. Learned counsel for the petitioner submits that the petitioner has clean antecedent and he has falsely been implicated in the present case. He further submits that the allegation as alleged in the FIR is false and fabricated and the petitioner has not committed any offence as alleged in the FIR. He further submits that the petitioner has been made accused in

Patna High Court CR. MISC. No.55524 of 2024(3) dt.13-09-2024 2/2 the present case merely on the ground that the petitioner is husband of the deceased and not a single witness has come forward to support the case of the prosecution. The petitioner is rotting in judicial custody since 14.02.2024.

5. Learned APP for the State, on the other hand, has vehemently opposed the prayer for bail of the petitioner and submits that the petitioner is named in the FIR and he is husband of the deceased it was the duty of the petitioner to look after the daughter of the informant and it appears from the postmortem report that the cause of death as mentioned in the postmortem report is "asphyxia due to strangulation nature of voilence above mentioned injury caused by ligature material." and it appears from the post-mortem report that the allegation as alleged in the FIR is supported by the medical evidence.

6. Considering the facts and circumstances of the case, I am not inclined to enlarge the petitioner on bail in connection with Chiraiya P.S. Case no. 217 of 2022 pending in the Court of learned Chief Judicial Magistrate, East Champaran at Motihari.

7. Prayer is refused.

(Rajesh Kumar Verma, J) ajay/- U T