Shaligram Sah v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.58696 of 2023 Arising Out of PS. Case No.-45 Year-2023 Thana- GAMAHARIYA District- Madhepura ====================================================== Shaligram Sah S/O Late Mahavir Sah R/O Village- Gorhiyari, Ps. Gamhariya, Dist. Madhepura ... ... Petitioner/S

Versus

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

For the Petitioner/s :

Mr.Uday Chand Prasad For the Opposite Party/s :

Mr.Nawal Kishore Prasad ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL KUMAR PANWAR ORAL ORDER 04-09-2023 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 328, 302, 120B, 304B, of the Indian Penal Code.

As per prosecution case, the informant alleged that the petitioner and co-accused persons committed murder of the informant's daughter due to non-fulfillment of dowry demand. Learned counsel for the petitioner submits that the petitioner is innocent and has committed no offence. The petitioner is father-in-laws of the deceased due to which he has falsely been implicated in this present case. The informant is not an eye witness of the alleged occurrence and during investigation not a single witness supported the prosecution

Patna High Court CR. MISC. No.58696 of 2023(2) dt.04-09-2023 2/2 version. The petitioner has no concern with mess and business of the deceased and her husband rather no specific allegation levelled against the petitioner. Similarly situated co-accused has already been granted bail by a coordinate Bench of this Court vide order dated 24.07.2023 passed in Cr. Misc. No. 38453 of 2023. The petitioner has got no criminal antecedent. Moreover, he has been languishing in judicial custody since 07.03.2023. 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 petitioners on bail. The above named petitioners are directed to be released on bail in connection with Gamhariya P.S. Case No. 45 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 T