Rohit Sah @ Rohit Raj v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.66779 of 2024 Arising Out of PS. Case No.-22 Year-2024 Thana- DHANKUND District- Banka ====================================================== Rohit Sah @ Rohit Raj Son of Kishori Sah R/O Village- Hasai, P.S,- Dhankund, District- Banka. ... ... Petitioner.
Versus
The State of Bihar. ... ... Opposite Party. ====================================================== Appearance :
For the Petitioner/s :
Mr. Raghav Prasad, Advocate For the Opposite Party/s :
Mr. Ashok Kumar Singh, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE ANJANI KUMAR SHARAN ORAL ORDER 17-10-2024 Heard learned counsel for the petitioner and learned A.P.P. for the State.
2. The petitioner apprehends his arrest in a case registered for the offences punishable under Section 306/34 of the Indian Penal Code.
3. The daughter of the informant is said to have taken poison and died during course of treatment.
4. It is submitted by learned counsel for the petitioner that no such occurrence as alleged ever took place. He has been falsely implicated in this case. It is further submitted that the petitioner is the husband of the deceased and on the date of occurrence he was at Ludhiyana for earning his livelihood. The allegation levelled against the petitioner is not specific rather general and omnibus in nature. It is further submitted that love marriage of the petitioner and
Patna High Court CR. MISC. No.66779 of 2024(2) dt.17-10-2024 2/3 the deceased was solemnized on 22.02.2014 and there are two children from the wedlock. It is further submitted that after ten months of marriage, the deceased filed a case in Gram kachahari against her husband, father-in-law and mother-in-law on the allegation that her husband is not maintaining her old father and mother as he agreed to maintain his in-laws before marriage. It is further submitted that the deceased always fought with her husband and inlaws regarding maintenance of her father and mother and for partition of property. Petitioner has one criminal antecedent as mentioned in para-3 of this application.
5. Learned APP for the State opposed the prayer for bail.
6. Having regard to the facts and circumstances of the case as well as the fact that although the petitioner is the husband of the deceased but no specific overt act has been attributed against the petitioner, let the above named petitioner, be released on bail, in the event of his arrest or surrender before the learned Court below within a period of six weeks from today, on furnishing bail bond of Rs. 25,000/- (Rupees Twenty Five Thousand) with two sureties of the like amount each to the satisfaction of the learned
Patna High Court CR. MISC. No.66779 of 2024(2) dt.17-10-2024 3/3 Court below where the case is pending/successor Court in connection with Dhankund P.S. Case No. 22 of 2024, subject to the condition as laid down under Section 438 (2) of the Cr.P.C.
(Anjani Kumar Sharan, J) Trivedi/- U T