Dharmendra Sah @ Dharmendra Shah v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.61002 of 2023 Arising Out of PS. Case No.-141 Year-2022 Thana- AKHODHIGOLA District- Rohtas ====================================================== Dharmendra Sah @ Dharmendra Shah S/O Daroga Shah @ Ram Pravesh Shah R/O Village- Nawadih, Ps. Akorhigola, Dist. Rohtas At Sasaram ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Raghunandan Kumar Singh For the Opposite Party/s :

Mr.Suresh Prasad Singh ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL KUMAR PANWAR ORAL ORDER 02-11-2023 Heard learned counsel for the petitioner, learned counsel for the informant and learned APP for the State. The petitioner has prayed for bail in a case instituted for the offence under Section 302 of the Indian Penal Code.

As per allegation in the FIR, on 18.08.2022, her daughter-in-law Maya Devi was sleeping in her house. The nexe morning, she went in the room of Maya Devi and found that she was lying down in unconscious condition and some injury was over her neck. She was being taken to hospital, where she died. It is further alleged that prior to the said incident, there was some dispute with the informant and the petitioner in which he had threatened that he will

Patna High Court CR. MISC. No.61002 of 2023(3) dt.02-11-2023 2/3 kill the informant's daughter-in-law within four days. It is submitted by learned counsel for the petitioner that petitioner has been falsely implicated in this case. Informant is the eye witness of the alleged occurrence. Only on the basis of suspicion, the name of the petitioner has been dragged in the present case. In fact, deceased was a widow lady and informant used to torture her on regular basis and due to this, she committed suicide. Postmortem report, also suggests that deceased died due to asphyxia by hanging. During investigation, no consistent material has come against the petitioner to show his complicity in the present case. Petitioner has got no criminal antecedent and he is languishing in judicial custody since 27.09.2022.

The application for bail is opposed by learned APP for the State.

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)

Patna High Court CR. MISC. No.61002 of 2023(3) dt.02-11-2023 3/3 with two sureties of the like amount each to the satisfaction of the learned Additional Distt. & Sessions Judge-III, Rohtas at Sasaram in connection with Akorhigola P.S. Case No. 141 of 2022.

(Sunil Kumar Panwar, J) sushma/- U