Patna High CourtCR. MISC./62922/2019bail granted

Shivjee Sah v. The State Of Bihar

2019-10-25Mr. Justice Dinesh Kumar Singh2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.62922 of 2019 Arising Out of PS. Case No.-413 Year-2019 Thana- SAHARSA District- Saharsa ====================================================== SHIVJEE SAH Son of Ramchandra Sah Resident of Village - Solni, P.S.- and Distt.- Supaul.

... ... Petitioner/s

Versus

THE STATE OF BIHAR Bihar ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Mukesh Kumar Jha For the Opposite Party/s :

Mr.Renuka Ratnakar ====================================================== CORAM: HONOURABLE MR. JUSTICE DINESH KUMAR SINGH ORAL ORDER 25-10-2019 Heard learned counsels for the parties.

The petitioner is languishing in custody since 8.5.2019 in a case registered for the offences punishable under Sections 304B and 201/34 of the I.P.C.

The prosecution case is that the informant's daughter, namely, Soni Kumari was married with Varun Sah ten months prior to the occurrence and she was killed for non-fulfillment of dowry demands.

It is submitted by learned counsel for the petitioner that the petitioner is not the family member of the husband of the victim. Statement to that effect has been made in paragraph 5 of the petition. It is further submitted that on conclusion of investigation, the petitioner was not sent up for trial but differing with the final form (Annexure 3), process was directed

Patna High Court CR. MISC. No.62922 of 2019(2) dt.25-10-2019 2/2 to be issued after cognizance being taken. Statement has been made in paragraph 3 of the petition that the petitioner is not having any criminal antecedent.

Learned APP submits that finding prima facie case, cognizance has been taken.

Considering the fact that on conclusion of investigation, the petitioner was not sent up for trial, statement made in paragraph 3 of the petition that the petitioner is not having any criminal antecedent and the period in custody, 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 CJM, Saharsa in connection with Saharsa P.S. Case No.413 of 2019. (Dinesh Kumar Singh, J) anil/- U