Patna High CourtCR. MISC./68787/2023allowed

Rahul Sah @ Banti Sah v. The State Of Bihar

2024-01-19Mr. Justice Sunil Kumar Panwar2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.68787 of 2023 Arising Out of PS. Case No.-95 Year-2018 Thana- MAHILA P.S. District- Rohtas ====================================================== Rahul Sah @ Banti Sah S/O Jaleshwar Sah Resident Of Village Mudiya Nawadih Police Station Akorhigola Dist Rohtas ... ... Petitioner/S

Versus

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

For the Petitioner/s :

Mr.Shashikant For the Opposite Party/s :

Mr.Surendra Kumar ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL KUMAR PANWAR ORAL ORDER 19-01-2024 Heard learned counsel for the petitioner and learned APP for the State.

2. The petitioner has prayed for regular bail in a case registered for the offence punishable under sections 468(A), 341, 323, 406/34 of the Indian Penal Code and Section 3⁄4 of the D.P. Act.

3. The prosecution case, in brief, is that earlier the marriage of the informant was solemnized with the petitioner and the petitioner along with co-accused used to torture the informant mentally and physically due to non-fulfillment of dowry demand of Rs. Two lakhs.

4. Learned counsel for the petitioner submits that the petitioner is innocent and has committed no offence. The petitioner is husband of the informant due to which he has

Patna High Court CR. MISC. No.68787 of 2023(3) dt.19-01-2024 2/2 falsely been implicated in the present case. He has never demanded dowry from the informant. A statement has been made in para-3 of the petition that the petitioner has got no criminal antecedent. It is further submitted that the petitioner is a poor man and he is languishing in judicial custody since 6.7.2023.

5. Learned APP appearing for the state has opposed the prayer of regular bail.

6. Having heard learned counsel for the parties and considering the facts and circumstances of the case as well as custody period, this court is inclined to enlarge the petitioner on bail. The above named petitioner is directed to be released on bail in connection with Mahila P.S. Case No. 95 of 2018 on furnishing bail bond of Rs.10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of learned Sub Divisional Judicial Magistrate, Sasaram.

(Sunil Kumar Panwar, J) Amandeep/- U T