Patna High CourtCR. MISC./71021/2024bail granted

Kapildeo Sah v. The State Of Bihar

2024-12-11Mr. Justice Sandeep Kumar2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.71021 of 2024 Arising Out of PS. Case No.-111 Year-2024 Thana- KOTWA District- East Champaran ====================================================== Kapildeo Sah S/O Late Paseri Sah Resident of village- Bajhiya Khurd, P.SKotwa (Bhopatpur O.P), District- East Champaran. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Shanti Bhushan Singh For the Opposite Party/s :

Mr.Sanjay Kumar ====================================================== CORAM: HONOURABLE MR. JUSTICE SANDEEP KUMAR ORAL ORDER 11-12-2024 Heard learned counsel for the petitioner and learned APP for the State.

2. The petitioner seeks bail in connection with S.Tr. No. 625 of 2024 arising out of Kotwa P.S. Case No. 111 of 2024 registered for the offence under Section 302/34 of the Indian Penal Code.

3. As per the prosecution case, the petitioner is accused of killing his own wife.

4. It has been submitted by the learned counsel for the petitioner that the petitioner is a 55 year old man and he has not committed any offence. He further submits that the petitioner and the deceased were married around 30 years back and because the deceased was having no children, she has committed suicide.

5. Learned counsel for the petitioner also submits that the allegation of assault and strangulation by the accused persons is not supported by the fact that no external injury has

Patna High Court CR. MISC. No.71021 of 2024(2) dt.11-12-2024 2/2 been found on the body of the deceased to support the homicidal death.

6. The petitioner is in custody since 20.04.2024.

7. Considering the aforesaid facts, this application is allowed.

8. Let the petitioner, above named, be released on bail on furnishing bail bond of Rs. 10,000/- (Ten Thousand) with two sureties of the like amount each to the satisfaction of the learned Additional Sessions Judge-X, East Champaran at Motihari/concerned Court below in connection with S.Tr. No. 625 of 2024 arising out of Kotwa P.S. Case No. 111 of 2024.

9. As a condition of this order, the petitioner, after being released on bail is directed to co-operate in the trial either by appearing personally or through his lawyer in the trial Court on each and every date fixed by the trial Court. Non-compliance of the condition will result in cancellation of the bail bonds of the petitioner.

(Sandeep Kumar, J) Vikas/- U T