Upendra Sah v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.53426 of 2022 Arising Out of PS. Case No.-1 Year-2020 Thana- JANDAHA District- Vaishali ====================================================== UPENDRA SAH Son of Late Laxmi Sah Resident of village - Purani Bazar, P.S.- Jandaha, District - Vaishali ... ... Petitioner/s

Versus

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

For the Petitioner :

Mr.Satish Kumar Sinha, Advocate For the State :

Mr.Narendra Kumar Singh, APP For the informant :

Mr.Bhola Prasad, Advocate Mr.Indrajeet Kumar, Advocate ====================================================== CORAM: HONOURABLE MR. JUSTICE SUDHIR SINGH ORAL ORDER 21-12-2022 Heard learned counsel for the petitioner, learned APP for the State and learned counsel for the informant. Learned Counsel for the petitioner is directed to remove the defect(s), as pointed out by the office, within a period of four weeks.

Further learned Counsel for the petitioner is permitted to make necessary correction in the name of father of the petitioner in course of the day.

The petitioner seeks bail in a case registered under Sections 304B/34 of the Indian Penal Code, but charge sheet has been submitted under Section 302/34 of the I.P.C. Allegation is that the accused persons including the petitioner caused death of the daughter of the informant due to

Patna High Court CR. MISC. No.53426 of 2022(2) dt.21-12-2022 2/2 non-fulfilment of demand of dowry.

It has been submitted on behalf of the petitioner that the petitioner is in custody since 20.05.2022 and has got no criminal antecedent. Charge sheet has been submitted in the present case. There is no allegation of tampering of witnesses alleged against the petitioner. The petitioner has falsely been implicated in this case. The petitioner is the father-in-law of the deceased. He is separate in mess and property from the husband of the deceased. He has got no concern with the alleged occurrence. The husband of the deceased is in custody. On behalf of the State and learned counsel for the informant, it is submitted that the petitioner is named in the complaint case/F.I.R.

Considering the facts and circumstances of the case, the petitioner, above named, is directed to be released on bail on furnishing bail bonds of Rs.10,000/- (Rupees ten thousand) with two sureties of the like amount each to the satisfaction of learned Sub Divisional Judicial Magistrate, Vaishali, Hajipur in connection with Jandaha P.S. case No.01/2020. Narendra/- (Sudhir Singh, J) U T