Ramdhari Sah v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.65737 of 2021 Arising Out of PS. Case No.-131 Year-2020 Thana- GOPALPUR District- West Champaran ====================================================== Ramdhari Sah Son of Shri Bigan Sah @ Vigan Sah Resident of village - Tengrahiya, P.S.- Gopalpur, District - Bettiah (West Champaran) ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr.Sanjay Kumar Singh For the Opposite Party/s :
Mr.Ramchandra Sahni ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH ORAL ORDER 15-04-2022 Heard both parties through video conferencing. The petitioner seeks bail in Gopalpur P.S. Case No. 131 of 2020, registered for the offence punishable under Sections 302, 498(A) and 34 of the Indian Penal Code. As per the FIR, daughter of the informant was married with petitioner 15 years ago and out of the said wedlock she was having three children. After marriage, informant's daughter was subjected to torture and cruelty by the accused persons including this petitioner. It is further alleged that all the accused persons including this petitioner committed murder of the daughter of informant due to non-fulfillment of demand of dowry by strangulating.
It is submitted on behalf of the petitioner that petitioner is husband of the deceased. Entire allegation is false
Patna High Court CR. MISC. No.65737 of 2021(3) dt.15-04-2022 2/2 and concocted and no such occurrence has taken place. There is general and omnibus allegation. During course of investigation, number of witnesses have stated that on the alleged date of occurrence, there was function of Griha Pravesh at the house of brother of petitioner and wife of petitioner was not ready to allow her husband and children to participate in that function. The children were insisting to participate in the funciton, petitioner along with children went for walk at the bank of river to divert the attention of children, when petitioner's wife noticed that all the four persons were not present, thereafter out of anger she committed suicide. The police after investigation submitted chargesheet under Sction 306 IPC. Petitioner is in custody since 14.08.
2021 having no criminal antecedent. Considering the facts and circumstances of the case, the petitioner above-named, is directed to be enlarged on bail on furnishing bail bond of Rs. 10,000/- (Ten thousand) with two sureties of the like amount each to the satisfaction of the learned Additional Chief Judicial Magistrate, Bettiah, West Champaran in connection with Gopalpur P.S. Case No. 131 of 2020.