Sandeep Sah @ Nanhaki Sah v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.66157 of 2023 Arising Out of PS. Case No.-104 Year-2023 Thana- PAHARPUR District- East Champaran ====================================================== Sandeep Sah @ Nanhaki Sah S/O Dhuri Sah R/O Village- Khairwa Chaubey Tola, P.S- Malahi, Distt.- East Champaran.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Abhishek Kumar For the Opposite Party/s :

Mr.Uma Shankar Prasad Singh ====================================================== CORAM: HONOURABLE MR. JUSTICE CHANDRA PRAKASH SINGH ORAL ORDER 13-10-2023 Learned counsel for the petitioner is permitted to remove defect (s), as pointed out by the office, if any, within a period of four weeks.

2. Heard learned counsel for the petitioner and learned A.P.P for the State.

3. The petitioner has preferred this application for grant of regular bail in connection with Paharpur (Malahi) P.S. Case No. 104 of 2023 dated 19.03.2023 registered for the offences punishable u/ss 498A, 120B and 304B read with section 34 of the Indian Penal Code.

4. As per the prosecution case, the petitioner and the co-accused persons are alleged to have committed murder of the informant's daughter due to non-fulfillment of demand of dowry.

5. Learned counsel for the petitioner has submitted

Patna High Court CR. MISC. No.66157 of 2023(2) dt.13-10-2023 2/2 that the petitioner is innocent and has falsely been implicated in this case. The petitioner has neither demanded any dowry nor tortured the deceased. The petitioner has clean antecedent as stated in para 3 of the bail petition. The petitioner is in custody since 06.06.2023.

6. Learned A.P.P. for the State has vehemently opposed the bail petition of the petitioner and submitted that the petitioner is the husband of the deceased. The post-mortem report shows that the cause of death is Asphyxia due to hanging caused by ligature material.

7. Considering the aforesaid facts and circumstances of the case as well as the specific and heinous nature of allegation against the petitioner, I am not inclined to enlarge the petitioner on bail. Accordingly, the prayer for bail petition of the petitioner stands rejected.

(i) However, learned trial Court is directed to expedite the trial and conclude the same at the earliest.

(8) The application stands rejected.

(Chandra Prakash Singh, J) Ajay Singh/- U T