Mahesh Sah v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.59598 of 2021 Arising Out of PS. Case No.-233 Year-2021 Thana- LALGANJ District- Vaishali ====================================================== MAHESH SAH Son of Late Moti Sah Resident of Village- Lakhan Sarai, P.S.- Lalganj, District- Vaishali.

... ... Petitioner/s

Versus

THE STATE OF BIHAR ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Shyameshwar Kumar Singh, Adv.

For the Opposite Party/s :

Mr.Sanjay Kumar Singh, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA ORAL ORDER 10-03-2022 Heard learned counsel for the petitioner and Mr. Sanjay Kumar Singh, learned A.P.P. for the State.

The petitioner seeks bail in connection with Lalganj P.S. Case No. 233 of 2021 instituted for the offences under Sections 304(B) and 34 of the Indian Penal Code.

Learned counsel for the petitioner submits that the petitioner is in custody since 03.07.2021 is a person with clean antecedent, charge-sheet has been submitted in the case. Learned counsel for the petitioner submits that the informant alleges that his daughter (deceased) was married to Uday Sah son of the petitioner in 2015, after marriage the accused persons including the petitioner were demanding Rs. two lakhs by means of dowry, further on 01.07.2021, the informant received information, the accused persons have killed his daughter and grand daughter, thus, he reached the place of occurrence and saw the dead body of his daughter and granddaughter and the neighbour informed that the

Patna High Court CR. MISC. No.59598 of 2021(2) dt.10-03-2022 2/2 accused persons including the petitioner had left with two minor children of the deceased.

Learned counsel for the petitioner submits that the informant has has falsely implicated the petitioner, who is father-inlaw of the deceased, allegation of demand of dowry is general and omnibus in nature. It is further submitted that the petitioner is separate in mess and property from Uday Sah and the husband is in custody since 28.01.2020.

Learned A.P.P. for the State vehemently opposes the prayer for bail of the petitioner.

Considering the fact that the petitioner is in custody since 03.07.2021, is a person with clean antecedent and charge-sheet has been submitted in the case and husband is in custody, let the petitioner above named be released on bail on furnishing bail bond of Rs. 10,000/- (Rupees Ten Thousand) with two sureties of the like amount each to the satisfaction of learned Additional Chief Judicial Magistrate, 9th Vaishali at Hajipur in connection with Lalganj P.S. Case No. 233 of 2021.

(Satyavrat Verma, J) Jagdish/- U T