← Library
Patna High CourtCR. MISC./68875/2024rejected

Achhelal Sah v. The State Of Bihar

2025-01-20Mr. Justice Rajesh Kumar Verma2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.68875 of 2024 Arising Out of PS. Case No.-225 Year-2023 Thana- MOHAMMADPUR District- Gopalganj ====================================================== Achhelal Sah Son of Late Kailash Sah Resident of Village- Bhimpurwa, P.S. - Mahmadpur, District - Gopalganj - 841409 ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Jeetendra Narayan, Advocate For the Opposite Party/s :

Mr.Anil Kumar, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RAJESH KUMAR VERMA ORAL ORDER 20-01-2025 Heard Mr.Jeetendra Narayan, learned counsel for the petitioner and Mr.Anil Kumar, learned A.P.P. for the State.

2. The petitioner seeks bail, who is in custody since 22.06.2024 in connection with Mohammadpur P.S. Case No. 225 of 2023, F.I.R. dated 05.10.2023 registered for the offence punishable under Sections 302 & 201 of the Indian Penal Code.

3. Allegation against the petitioner is that he alongwith his wife committed murder of the deceased Pushpa Kumari, who was their step daughter.

4. Learned counsel appearing for the petitioner submits that the petitioner has clean antecedent. He has falsely been implicated in the present case. The allegation as alleged in the FIR is false and fabricated and the petitioner has not committed any offence as alleged in the FIR. In fact the victim

Patna High Court CR. MISC. No.68875 of 2024(5) dt.20-01-2025 2/2 is step-daughter of the petitioner and allegation as alleged in the FIR is false and fabricated.

5. Learned APP for the State has opposed the prayer for bail of the petitioner and submits that the petitioner, after the death of the deceased, has disposed of the dead body of the deceased and the same is not recovered as yet.

6. Considering the aforesaid facts and there is direct and specific allegation against the petitioner in the FIR and dead body of the deceased has not been found as yet, I am not inclined to enlarge the petitioner on bail in connection with Mohammadpur P.S. Case No. 225 of 2023 pending in the court of learned Additional Chief Judicial Magistrate-VI, Gopalganj.

7. Prayer is refused.

(Rajesh Kumar Verma, J) Nitesh/- U T