Patna High CourtCR. MISC./58480/2015bail granted

Chandan Kumar Sah v. The State Of Bihar

2016-03-17Mr. Justice Jitendra Mohan Sharma2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.58480 of 2015 Arising Out of PS.Case No. -217 Year- 2014 Thana -GARKHA District- - ======================================================

1. Chandan Kumar Sah Son of Satrughan Sah R/o Village Hakma, P.S. Garkha, District Chapra .... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Pramod Ban Bihari Singh For the Opposite Party/s : Mr. A.M.P. Mehta (APP) ====================================================== CORAM: HONOURABLE MR. JUSTICE JITENDRA MOHAN SHARMA ORAL ORDER 17-03-2016 Heard the learned counsel for the petitioner as well as the learned A.P.P for the State.

The petitioner seeks bail in a case for the offence punishable under section 304 (B)/34 of the I.P.C Allegedly, Rimpa Devi, the daughter of the informant, was married to the petitioner on 18.05.2014 and due to non fulfillment of demand of dowry by way of motorcycle she was being tortured and assaulted and ultimately was burnt by the petitioner and other in-laws resulting during treatment the daughter of the informant died.

Submission is of false implication and that the petitioner never demanded anything, there is no specific allegation against him, there was cordial relation between the petitioner and

Patna High Court Cr.Misc. No.58480 of 2015 (4) dt.17-03-2016 2/2 his wife but due to some trivial dispute she burnt herself resulting the petitioner and his family members brought her to the hospital but was not saved, the informant lodged this false case to extract money and the petitioner is suffering in custody since 01.02.2015. The learned A.P.P. opposes prayer for bail by submitting that before her death Rimpa Devi has given her statement which is mentioned in paragraph-44 of the case diary where she has alleged that the petitioner and others after sprinkling some burning substance burnt her.

In the facts and circumstances as stated above, considering the allegation attributed against the petitioner, serious in nature, this Court is not inclined to enlarge the petitioner on bail and accordingly his such prayer stands rejected in connection with Garkha P.S. Case No. 217 of 2014 pending in the court of C.J.M. Chhapra (Saran).

(Jitendra Mohan Sharma, J) Abhay/- U T