Patna High CourtCR. MISC./63354/2025bail granted

Baharan Sah v. The State Of Bihar

2025-09-17Mr. Justice Sandeep Kumar2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.63354 of 2025 Arising Out of PS. Case No.-163 Year-2025 Thana- DHANAHA District- West Champaran ====================================================== Baharan Sah Son of Nathuni Sah R/O Village- Murgahawa, Police StationDhanaha, District- West Champaran ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Vijay Kr Singh No. 1 For the Opposite Party/s :

Mr. Sanjay Kumar Tiwary ====================================================== CORAM: HONOURABLE MR. JUSTICE SANDEEP KUMAR ORAL ORDER 17-09-2025 Heard the learned counsel for the petitioner and learned APP for the State.

2. The petitioner seeks regular bail in connection with Dhanaha P.S. Case No. 163 of 2025 registered for the offence under Sections 103(1), 92 and 3(5) of the Bharatiya Nyaya Sanhita, 2023.

3. As per the prosecution case, the petitioner is the husband of the deceased who is alleged to have killed his wife.

4. Learned counsel for the petitioner submits that petitioner is innocent and has not committed any offence. Petitioner is in custody since 25.05.2025. He further submits that a four-year-old child of the deceased is staying with the family of the petitioner. The deceased died because she fell down as she was pregnant. The medical documents have also

Patna High Court CR. MISC. No.63354 of 2025(2) dt.17-09-2025 2/2 been annexed in support of the same.

5. Learned A.P.P. for the State has vehemently opposed the prayer for bail.

6. Considering the aforesaid facts and circumstances, this application for regular bail is allowed.

7. Accordingly, let the petitioner, above named, be released on bail on furnishing bail bond of Rs. 10,000/- (Ten Thousand)with two sureties of the like amount each to the satisfaction of the learned Judicial Magistrate, 1st Class, Bagaha, West Champaran/concerned Court below in connection with Dhanaha P.S. Case No. 163 of 2025, subject to condition that:- (i). Before accepting the bail bonds of the petitioner, the Court below shall verify the fact whether the child of the deceased is staying with the family of the petitioner or not. If it is found that the child is staying with the family of the petitioner then only the bail bonds of the petitioner shall be accepted.

(Sandeep Kumar, J) Shishir/- U T