Kedar Sah v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.6146 of 2021 Arising Out of PS. Case No.-118 Year-2020 Thana- PAHARPUR District- East Champaran ====================================================== KEDAR SAH Son of Late Bhikhari Sah Resident of Village- SakinEkderawa, P.S.- Paharpur, Distt- East Champaran ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. N. K. Agrawal, Sr. Adv.

Ms.Preety Kunwar For the Opposite Party/s :

Mr.A.L. Pandit ====================================================== CORAM: HONOURABLE MR. JUSTICE ANIL KUMAR SINHA ORAL ORDER 05-04-2021 Heard learned Senior Counsel for the petitioner and learned Additional Public Prosecutor for the State, through Video Conferencing.

The petitioner seeks regular bail in connection with Paharpur Police Station Case No. 118 of 2020, registered for the offences punishable under Sections 304-B/201/34 of the Indian Penal Code.

The allegation, as per the First Information Report, is that the marriage of the niece of the informant (now, deceased) was solemnized with the younger brother of the petitioner in the year 2016 and after sometime, the husband of the deceased, along with his first wife, started committing cruelty and demanded a sum of Rs. 1,00,000/- as dowry and due to non-

Patna High Court CR. MISC. No.6146 of 2021(2) dt.05-04-2021 2/3 fulfillment of the said demand, the niece of the informant was killed by the petitioner and others.

Learned Senior Counsel for the petitioner submits that the petitioner has falsely been implicated in this case with oblique motive and he has not committed any offence in the manner alleged. He next submits that the marriage of the deceased was performed with the brother of the petitioner and the deceased was his second wife inasmuch as the first wife of the brother of the petitioner was issueless. He next submits that the deceased was widow, having one daughter from her first husband and there was some dispute amongst them and the petitioner was having no concern with the family affairs of his brother, his first wife and/or the deceased. He next submits that the petitioner was separate in mess with his brother and was having his own agricultural land and was also living separately from him. He further submits that from perusal of the First Information Report, it would be evident that no overt act has been alleged against the petitioner and the petitioner is in custody since 06.09.2020.

Having heard learned Counsel for the parties and taking into consideration the materials on record and the nature of allegation, I am inclined to grant regular bail to the petitioner.

Patna High Court CR. MISC. No.6146 of 2021(2) dt.05-04-2021 3/3 This application is allowed.

Accordingly, let the petitioner, above named, be released on bail, upon furnishing bail bond of Rs. 10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of learned Chief Judicial Magistrate, East Champaran, at Motihari, in connection with Paharpur Police Station Case No. 118 of 2020.

(Anil Kumar Sinha, J.) Prabhakar Anand/- U √ T √