Shivyogi Sah v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.56122 of 2023 Arising Out of PS. Case No.-64 Year-2023 Thana- BAKHARI District- Begusarai ====================================================== Shivyogi Sah S/O Narsingh Sah R/O Village- Bagras Ward No. 8, Ps. Bakhri, Dist. Begusarai ... ... Petitioner/S

Versus

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

For the Petitioner/s :

Mr.Sunil Kumar Yadav For the Opposite Party/s :

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

The petitioner has prayed for regular bail in a case registered for the offence punishable under sections 304(B), 302, 34 of the Indian Penal Code.

As per prosecution case, the informant alleged that the petitioner and co-accused persons committed murder of her daughter due to non-fulfillment of dowry demand. Learned counsel for the petitioners submit that the petitioners are innocent and have committed no offence. The petitioner is father-in-law of the deceased due to which he has falsely been implicated in this present case. The petitioner has no concern mess and business of the deceased as well as her husband and was living separately from them. The deceased

Patna High Court CR. MISC. No.56122 of 2023(2) dt.31-08-2023 2/2 committed suicide by hanging herself and there is no specific allegation levelled against the petitioner. It is further submitted that similarly situated co-accuse has already been granted bail by a coordinate Bench of this Court vide order dated 14.07.2023 passed in Cr. Misc. No. 41568 of 2023. The petitioner has got no criminal antecedent. Moreover, he is languishing in judicial custody since 22.06.2023. Learned APP appearing for the state has opposed the prayer of regular bail.

Having heard learned counsel for the parties and considering the facts and circumstances of the case as well as judicial custody, this court is inclined to enlarge the petitioner on bail. The above named petitioner is directed to be released on bail in connection with Bakhri P.S. Case No. 64 of 2023 on furnishing bail bond of Rs.10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of learned Concerned Court.

(Sunil Kumar Panwar, J) manishkumar/- U