Phul Chandra Sah @ Phulchan Sah @ Phul Chand Sah v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.50308 of 2019 Arising Out of PS. Case No.-155 Year-2019 Thana- BEGUSARAI MUFFASIL District- Begusarai ====================================================== PHUL CHANDRA SAH @ PHULCHAN SAH @ PHUL CHAND SAH Son of Late Ram Khelawan Sah R/o Village- Saidpur, P.S.- Matihani, DistrictBegusarai. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Jai Prakash Singh, Adv For the State :

Mr.Tarun Prasad Mandal, APP For the Intervenor : Mr. Sandip Kumar Gautam, Adv ====================================================== CORAM: HONOURABLE MR. JUSTICE BIRENDRA KUMAR ORAL ORDER 22-08-2019 Heard learned counsel for the petitioner and learned APP for the State.

Petitioner seeks bail in a case registered for the offences punishable under Sections 120(B)1,115,34 of the Indian Penal Code.

Police is informant of this case. Petitioner-Phul Chandra Sah @ Phulchan Sah @ Phul Chand Sah is full brother of husband of Nutan Devi named in the FIR.

Allegation is that petitioner-Phul Chandra Sah @ Phulchan Sah @ Phul Chand Sah was talking on mobile phone with his brother-in-law-Arun Kumar and the talk revealed that they were planning to commit murder of Nutan Devi. Submission of learned counsel for the petitioner is that in the FIR itself it is mentioned that husband of Nutan Devi is a labour at Kolkatta and Nutan Devi is a Nurse. Her activity with unknown male person was not acceptable to

Patna High Court CR. MISC. No.50308 of 2019(2) dt.22-08-2019 2/2 the family members residing in the same house. For that reason some altercation had taken place and false allegation has been levelled. Learned counsel for the informant opposed the prayer for bail on the ground that one is prior to the present occurrence, the accused person had entered into the house and thrown away Nutan Devi from house for which Matihani P.S.Case No. 42 of 2019 was registered.

Considering the nature of allegation and nature of dispute, let the petitioner, above named, be released on bail on furnishing bail bond of Rs.20,000/- (Twenty Thousand) with two sureties of the like amount each to the satisfaction of learned Court below where the case is pending in connection with Muffasil Police Station Case No.155 of 2019, subject to the condition that both bailors shall be resident of territorial jurisdiction of the learned court below and further the petitioner shall fully cooperate with the trial of the case, failing which the court below shall be at liberty to cancel the bail bond of the petitioner.

(Birendra Kumar, J) Nitesh/- U T