Shyam Babu Sah v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.56314 of 2022 Arising Out of PS. Case No.-2 Year-2022 Thana- PARSAUNI District- Sitamarhi ====================================================== SHYAM BABU SAH S/O LATE DHARIKSHAN SAH Resident of villageGisara, P.S.- Parsauni, District- Sitamarhi ... ... Petitioner/s

Versus

THE STATE OF BIHAR ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Vikash Kumar Jha For the Opposite Party/s :

Mr. Tapeshwar Sharma ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL KUMAR PANWAR ORAL ORDER 04-04-2023 Heard learned counsel for the petitioner, learned counsel for the informant and learned APP for the State. The petitioner has prayed for regular bail in a case registered for the offence punishable under sections 498(A), 302/34 of the Indian Penal Code.

As per allegation in the FIR, petitioner's marriage was solemnized 15 years back with the informant's daughter and since then he used to torture his wife mentally and physically. It is further alleged that petitioner has developed illicit relationship with his bhabhi for which informant's daughter opposed him usually and ultimately petitioner in connivance with his other family members, killed her.

It is submitted by learned counsel for the petitioner that petitioner has been falsely implicated in this case. No one is

Patna High Court CR. MISC. No.56314 of 2022(4) dt.04-04-2023 2/2 the eye witness of the alleged occurrence. Prior to this case, there is no complain regarding cruelty or misbehavior upon the deceased by the petitioner. Out of the said wed-lock, petitioner is blessed with one daughter and one son and no one is at home to look after his siblings except his old mother. Petitioner has no criminal antecedent and he is languishing in judicial custody since 06.01.2022.

The application for bail is opposed by learned APP for the State and submitted that in para-9 of the case diary, daughter of the deceased has made specific allegation of murder against the petitioner.

Having heard learned counsel for the parties and considering the facts and circumstances of the case, this court is inclined to enlarge the petitioner on bail. The above named petitioner is directed to be enlarged on bail on furnishing bail bond of Rs. 10,000/- (Rs. ten thousand only) with two sureties of the like amount each to the satisfaction of the learned CJM, Sitamarhi in connection with Parsauni P.S. Case No. 02 of 2022. (Sunil Kumar Panwar, J) sushma/- U