Subhash Sah v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.72204 of 2023 Arising Out of PS. Case No.-92 Year-2023 Thana- DHORAIYA District- Banka ====================================================== SUBHASH SAH S/O LATE BANARSI SAH R/O VILL- JAKHA, P.S.- DHORAIYA, DISTRICT- BANKA ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Dhananjay Kumar Pandey For the Opposite Party/s :

Mr.Dinesh Singh ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL KUMAR PANWAR ORAL ORDER 31-01-2024 Heard learned counsel for the petitioner and learned APP for the State.

2. The petitioner has prayed for bail in a case registered for the offence punishable under sections 306/34 of the Indian Penal Code.

3. As per allegation in the FIR, petitioner is husband of the informant's sister (since deceased). He used to torture and abate her to commit suicide because she always protested her husband for developing extra marital relationship with one Khusbhoo Devi and thereafter on the alleged date of occurrence, she committed suicide by hanging.

4. Learned counsel appearing on behalf of the petitioner has submitted that petitioner is husband of the deceased and has been falsely implicated in this case. Marriage

Patna High Court CR. MISC. No.72204 of 2023(3) dt.31-01-2024 2/2 of the petitioner took place before 18 years and blessed with three children out of the said wedlock. Prior to the alleged occurrence, there is no complain regarding harassment or torture by her husband. As per postmortem as well as inquest report, no any external injury was found over the body of the deceased. Deceased herself committed suicide by hanging, which is evident from medical report. Petitioner has got no criminal antecedent and languishing in judicial custody since 16.4.2023.

5. The application for bail is opposed by learned APP for the State and petitioner is husband of the deceased.

6. Having heard learned counsel for the parties and considering the facts and circumstances of the case, this court is inclined to enlarge the petitioner on bail. The above named petitioner is directed to be enlarged on bail on furnishing bail bond of Rs. 10,000/- (Rs. ten thousand only) with two sureties of the like amount each to the satisfaction of the learned CJM, Banka in connection with Dhoraiya P.S. Case No. 92 of 2023. (Sunil Kumar Panwar, J) sushma/- U