Saheb Sah v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.30373 of 2017 Arising Out of PS.Case No. -10 Year- 2017 Thana -CHOUTARWA DistrictWESTCHAMPARAN(BETTIAH) ====================================================== Saheb Sah, son of Sita Sah, resident of Village-Patilar, Police StationChoutarawa, District-West Champaran. .... .... Petitioner

Versus

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

For the Petitioner/s : Mr. Milind Kumar Mishra For the Opposite Party/s : Mr. Braj Kishore Prasad ====================================================== CORAM: HONOURABLE MR. JUSTICE VINOD KUMAR SINHA ORAL ORDER 25-08-2017 Heard learned counsel for the petitioner.

This is an application for bail in connection with Choutarwa P.S. Case No. 10 of 2017 registered for the offences punishable under Sections 304B/34 of the Indian Penal Code and 3/4 of Dowry Prohibition Act.

Petitioner is husband of the deceased and the allegation is dowry death.

Submission of learned counsel for the petitioner is that after giving birth to a child the deceased became seriously ill and she fell down and received injuries and thereafter she was taken to a local Doctor wherefrom she was referred to Bagha and on way she died. Further submission is that the defence version has been supported by several witness in case diary and the Doctor, who has treated the deceased has also supported the same and he is in

Patna High Court Cr.Misc. No.30373 of 2017 (4) dt.25-08-2017 2/2 custody for four months.

Heard learned APP and learned counsel for the informant, who have opposed the prayer for bail. Having heard both sides and considering the facts and circumstances, let the petitioner, above named, be released on bail on furnishing bail bond of Rs.25,000/- (Rupees twenty five thousand) with two sureties of the like amount each to the satisfaction of the Additional Chief Judicial Magistrate, Bagaha, West Champaran, in connection with Choutarwa P.S.Case No. 10 of 2017, subject to the conditions :- (i) One of the bailors should be a local person having sufficient immoveable properties within the jurisdiction of court concerned, (ii) Petitioner will co-operate in trial and will appear on each and every date fixed in the case and on failure to appear without any genuine reason or without permission of court, his bail bond shall be cancelled.

(Vinod Kumar Sinha, J) spal/- U