Patna High CourtCR. MISC./55909/2023allowed

Bhola Sah v. The State Of Bihar

2023-08-31Mr. Justice Sunil Kumar Panwar2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.55909 of 2023 Arising Out of PS. Case No.-83 Year-2023 Thana- RAJEPUR District- East Champaran ====================================================== 1.

Bhola Sah S/O Asharfi Sah R/O Village- Rajepur, Ps. Rajepur, Dist. East Champaran 2.

Anita Devi W/O Bhola Sah R/O Village- Rajepur, Ps. Rajepur, Dist. East Champaran ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Patanjali Rishi For the Opposite Party/s :

Mr.Harendra Prasad ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL KUMAR PANWAR ORAL ORDER 31-08-2023 Heard learned counsel for the petitioners and learned APP for the State.

2. The petitioners seek regular bail in connection with Rajepur P.S. Case No. 83 of 2023 registered for the offence under Sections 304B/34 of the Indian Penal Code.

3. The prosecution case, in brief, is that the petitioners along with others used to torture and assault the informant's daughter due to non-fulfillment of dowry demand. It is further alleged that on 11.4.2023, the informant came to know that is daughter was committed murder.

Learned counsel for the petitioners submits that the petitioners are innocent and have committed no offence. The

Patna High Court CR. MISC. No.55909 of 2023(2) dt.31-08-2023 2/2 petitioners are cousin parents-in-law of the deceased due to which they have falsely been implicated in the present case. The petitioners have no concern mess and business of the deceased as well as her husband and live separately from them. These petitioners have never demanded dowry from the deceased. The petitioners have got no criminal antecedent as stated in para-3 of the bail petition and languishing in judicial custody since 9.6.2023.

Learned APP appearing for the state has opposed the prayer of regular bail.

Considering the facts and circumstances of the case as well as custody period of the petitioners, this court is inclined to enlarge the petitioners on bail. The above named petitioners are directed to be released on bail in connection with Rajepur P.S. Case No. 83 of 2023 on furnishing bail bond of Rs.10,000/- (ten thousand) each with two sureties of the like amount each to the satisfaction of learned Chief Judiccial Magistrate, East Champaran at Motihari.

(Sunil Kumar Panwar, J) Amandeep/- U T