Subodh Sah v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

(FROM RESIDENTIAL OFFICE VIA VIDEO APPLICATION) CRIMINAL MISCELLANEOUS No.7065 of 2021 Arising Out of PS. Case No.-275 Year-2020 Thana- SIKARPUR District- West Champaran ====================================================== Subodh Sah, Son of Shivshankar Sah, Resident of Village - Pakadi Noniyawa Tola, P.S. - Shikarpur, District - West Champaran ... ... Petitioner

Versus

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

For the Petitioner/s :

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

Mr. Shailendra Kumar, A.P.P.

For the informant :

Mr. Bimlesh Kumar Pandey, Advocate ====================================================== CORAM: HONOURABLE MR. JUSTICE RAJEEV RANJAN PRASAD ORAL ORDER 04-08-2021 Learned counsel for the petitioner undertakes to remove all the defects as pointed out by office within four weeks after start of normal functioning of the Court. Heard learned counsel for the petitioner, learned counsel for the informant and Mr. Shailendra Kumar, learned A.P.P. for the State.

Petitioner who is the husband of the deceased in the present application is seeking regular bail in connection with Shikarpur P.S. Case No. 275 of 2020 registered for the offence punishable under Section 304B/34 of the Indian Penal Code. As per the prosecution story the informant's sister married with the petitioner in the year 2014 was done to death due to non fulfillment of demand of dowry. It is alleged that the

Patna High Court CR. MISC. No.7065 of 2021(4) dt.04-08-2021 2/3 in-laws and husband of the deceased used to demand dowry and tortured her in different ways.

Learned counsel for the petitioner submits that the marriage between the petitioner and the deceased was six years old, they have got a child out of the wedlock and in course of investigation it has come that the wife of the petitioner had consumed poison and committed suicide.

Learned counsel for the informant as well as Mr. Shailendra Kumar, learned A.P.P. for the State have opposed the prayer for bail of the petitioner. Learned A.P.P. has read out the relevant paragraph of the case diary particularly paragraph '27', '58' and '38' where the statement of the independent witnesses and the post-mortem report are recorded. The independent witnesses have supported the allegation against the petitioner and the post-mortem report shows multiple ante-mortem injuries on the body of the deceased.

Considering the facts and circumstances of the case, the petitioner being the husband of the deceased, the death has taken place within the four-corners of the matrimonial house and the Doctors have found multiple ante-mortem injuries on the body of the deceased in course of post-mortem as also the independent witnesses have supported the prosecution case, this

Patna High Court CR. MISC. No.7065 of 2021(4) dt.04-08-2021 3/3 Court is not inclined to release the petitioner on bail. The prayer for bail of the petitioner is, thus, refused. Let the trial be expedited.

The application stands disposed of accordingly. (Rajeev Ranjan Prasad, J) vats/- U T Note: The ordersheet duly signed has been attached with the record. However, in view of the present arrangements, during Pandemic period all concerned shall act on the basis of the copy of the order uploaded on the High Court website under the heading 'Judicial Orders Passed During The Pandemic Period'.