Lallan Sah v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.58720 of 2021 Arising Out of PS. Case No.-217 Year-2021 Thana- AHIYAPUR District- Muzaffarpur ====================================================== Lallan Sah Son of Late Jagarnath Sah Resident of Village - Bhikhanpur, P.S. - Ahiyapur, District - Muzaffarpur.
... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr.Raju Kumar For the Opposite Party/s :
Mr.Bharat Lal ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH ORAL ORDER 04-02-2022 Heard learned counsel for the parties through video conferencing.
The petitioner seeks bail in Ahiyapur P.S. Case No. 217 of 2021, registered for the offence under Sections 304(B), 34 of the Indian Penal Code.
As per the prosecution case, this petitioner alongwith his family members killed the sister of the informant due to nonfulfillment of demand of dowry. It is submitted that petitioner is quite innocent and has committed no offence, as alleged in the FIR. Petitioner is husband of the deceased and as such, he has been falsely implicated in this case. As a matter of fact, the deceased got slipped on the stair and fell down, on account of which, she sustained head and other injuries and thereafter, she was firstly taken to S.K.M.C.H. and thereafter, P.M.C.H., Patna where she succumbed to her injuries. Petitioner is in custody since
Patna High Court CR. MISC. No.58720 of 2021(2) dt.04-02-2022 2/2 17.04.2021.
However, learned A.P.P. for the State opposed the bail petition and submitted that petitioner is husband of deceased and there is specific allegation of demand of dowry. The deceased died at her matrimonial home within seven years of marriage in an unnatural circumstances.
Considering the nature and gravity of offence and the fact that petitioner is husband of the deceased, I am not inclined to grant bail to the petitioner and same is, accordingly, rejected. (Prabhat Kumar Singh, J.) anay U T