← Library
Patna High CourtCR. MISC./64539/2022bail rejected

Santosh Sah @ Amit Kumar Sah v. The State Of Bihar

2023-06-20Mr. Justice Rajesh Kumar Verma2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.64539 of 2022 Arising Out of PS. Case No.-328 Year-2019 Thana- NAUTAN District- West Champaran ====================================================== SANTOSH SAH @ AMIT KUMAR SAH Son of Chhotelal Sah @ Chhotelal Prasad R/v- Pandey Tola, P.S.- Nautan, District- West Champaran ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Bimlesh Kumar Pandey, Adv.

For the Opposite Party/s :

Mr. Humayou Ahmad Khan, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RAJESH KUMAR VERMA ORAL ORDER 20-06-2023 Heard learned counsel for the petitioner and learned Additional Public Prosecutor for the State.

Petitioner seeks bail, who is in custody since 31.05.2022 in connection with Nautan P.S. Case No. 328/2019, F.I.R. dated 20.08.2019, for the offences punishable under Sections 304B and 201/34 of the IPC.

According to prosecution case, the petitioner being the husband of the deceased alleged to have committed murder of the deceased due to non-fulfillment of the demand of dowry and hurriedly cremated her to conceal the evidence. Learned counsel for the petitioner submits that the petitioner has clean antecedent and he has falsely been implicated in the present case. He further submits that the allegation against the petitioner as alleged in the F.I.R. is false

Patna High Court CR. MISC. No.64539 of 2022(6) dt.20-06-2023 2/2 and fabricated and there is general and omnibus allegation against all the accused persons including the petitioner. The petitioner has not committed any offence as alleged in the F.I.R. Learned Additional Public Prosecutor for the State on the other hand has vehemently opposed the prayer for bail of the petitioner and on the basis of material available on record and the case diary submits that the postmortem report of the deceased supports the allegation as alleged in the F.I.R. Considering the aforesaid facts, I am not inclined to enlarge the petitioner on bail in connection with Nautan P.S. Case No.328/2019, pending in the Court of Sri Sumit Kumar, J.M.1st Class, Bettiah, West Champaran.

Prayer is refused.

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