Santosh Sah v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.63943 of 2024 Arising Out of PS. Case No.-103 Year-2024 Thana- LALIT NARAYAN UNIVERSITY District- Darbhanga ====================================================== Santosh Sah Son of Ram Ayodhya Sah Village- Ajamnagar PS- LNMU DistDarbhanga ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Baidyanath Prasad, Advocate For the Opposite Party/s :

Mr. Mithlesh Kumar Khare, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RUDRA PRAKASH MISHRA ORAL ORDER 18-11-2024 Heard learned counsel for the petitioner, learned APP for the State and perused the case diary.

2. The petitioner seeks bail in connection with L.N.M.U. P.S. Case No. 103 of 2024, instituted for the offences punishable under Section 302 of the Indian Penal Code.

3. The prosecution case, in short, is that, the informant got an information that his daughter died in her matrimonial house in late night. It is alleged that grand daughter of the informant stated him that some quarrel took place in between her mother and father due to which her mother became unconscious. It is further alleged that the petitioner used to

Patna High Court CR. MISC. No.63943 of 2024(3) dt.18-11-2024 2/3 abuse, assault and torture his daughter in various ways and lastly the petitioner killed his daughter after assaulting her.

4. Learned counsel for the petitioner submits that the petitioner is innocent and has falsely been implicated in the present case. Charge-sheet has been submitted in this case under Section 306 of the Indian Penal Code. Learned counsel for the petitioner also submits that the petitioner is husband of the deceased. There is no external of internal injury found over any part of the body of the deceased during her post-mortem. It is further submitted that due to some misunderstanding the deceased consumed feradon insecticide in place of tea leaf which is similar to tea leaf. The petitioner is in custody since 06.04.2024 and has got no criminal antecedent.

5. Learned APP for the State has vehemently opposed the prayer for grant of bail to the petitioner.

6. Considering the aforesaid facts and circumstances of the case and taking into account the period of custody undergone by the petitioner, this Court is inclined to grant bail to the petitioner.

7. Let the petitioner be released on bail on furnishing bail bonds of Rs. 10,000/- (Rupees Ten Thousand) with two sureties of the like amount each to the satisfaction of Court

Patna High Court CR. MISC. No.63943 of 2024(3) dt.18-11-2024 3/3 below/concerned Court in connection with L.N.M.U. P.S. Case No. 103 of 2024.

(Rudra Prakash Mishra, J) Rajorshi/- U T