← Library
Patna High CourtCR. MISC./69562/2022allowed

Bijendra Sah @ Bijendra Saha v. The State Of Bihar

2023-03-15Mr. Justice Sunil Kumar Panwar3 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.69562 of 2022 Arising Out of PS. Case No.-233 Year-2022 Thana- UDAKISHUNGANJ DistrictMadhepura ====================================================== 1.

BIJENDRA SAH @ BIJENDRA SAHA S/O Late Narayan Sah R/O VillageKishunganj Majarpatti, Ward No-6, P.S- Udakishsungaj, DistrictMadhepura 2.

Bhawesh Kumar S/O Bijendra Sah R/O Village- Kishunganj Majarpatti, Ward No-6, P.S- Udakishsungaj, District- Madhepura 3.

Khushboo Devi @ Khushboo Kumari W/O Ganesh Kumar Yadav R/O Village- Manihari P.S- Manihari, District- Katihar. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Alok Kumar Singh For the Opposite Party/s :

Mr.Dr. Kumar Uday Pratap ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL KUMAR PANWAR ORAL ORDER 15-03-2023 Heard learned counsel for the petitioners and learned APP for the State.

The petitioner has prayed for regular bail in a case registered for the offence punishable under sections 498A, 364, 34 of the Indian Penal Code.

As per prosecution case, the informant alleged that the petitioners along with co-accused persons used to torture and subject to cruelty with the informant's daughter due to nonfulfillment of dowry demand. Thereafter, informant has came to know that his daughter is not at home. It is further alleged that

Patna High Court CR. MISC. No.69562 of 2022(2) dt.15-03-2023 2/3 the petitioners have caused the disappearance of his daughter with intention to commit her murder.

Learned counsel for the petitioners submits that the petitioners are innocent and have committed no offence. The petitioners are in-laws of the victim due to which they have falsely been implicated in the present case. The petitioners have no concern mess and business of the victim and were living seperately from her. It is further submitted that husband of the victim is already in judicial custody upon whom the responsibility to keep his wife with dignity. The petitioners have got no criminal antecedent. It is further submitted that they are languishing in judicial custody since 6.8.2022. Learned APP appearing for the state has opposed the prayer of regular bail and submitted that during investigation this fact came into light that the informant's daughter was murdered and her dead body was thrown in river.

Having heard learned counsel for the parties and considering the facts and circumstances of the case, this court is inclined to enlarge the petitioners on bail. The above named petitioners are directed to be released on bail in connection with Udakishunganj P.S. Case No. 233 of 2022 on furnishing bail bond of Rs.

Patna High Court CR. MISC. No.69562 of 2022(2) dt.15-03-2023 3/3 like amount each to the satisfaction of learned Additional Chief Judicial Magistrate, Udakishunganj, Madhepura. (Sunil Kumar Panwar, J) Amandeep/- U T