Saheb Sah v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.64779 of 2019 Arising Out of PS. Case No.-6 Year-2019 Thana- RAMNAGAR District- West Champaran ====================================================== SAHEB SAH, aged about 24 years, Sex-Male, Son of Hasan Sah, Resident of Village - Naranapur Nahar, P.S.- Ram Nagar, District - West Champaran. ... ... Petitioner

Versus

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

For the Petitioner :

Mr.Milind Kumar Mishra, Advocate.

For the Opposite Party :

Mrs.Asha Kumari,A.P.P.

====================================================== CORAM: HONOURABLE MR. JUSTICE SUDHIR SINGH ORAL ORDER 04-12-2019 Heard learned counsel for the petitioner and learned A.P.P. for the State.

The petitioner seeks bail in a case for the offence registered under Sections 498(A) and 365/34of the IPC. The prosecution story, in brief, is that the informant solemnized marriage of his daughter, Sabarun Khatoon with this petitioner four years ago and his daughter is dumb and Saheb Sah (petitioner), Hasan Sah, Badaki Khatoon and Resama Khatoon always used to assault his daughter. On 11.01.2019, the accused persons informed the informant that his daughter had gone from the house, then informant started search his daughter but he could not find any trace about his lost daughter. It has been submitted by learned counsel for the petitioner that the petitioner is in custody since 12.06.2019. The petitioner has got no criminal antecedent. Charge sheet has been submitted in the present case. There is no allegation of

Patna High Court CR. MISC. No.64779 of 2019(3) dt.04-12-2019 2/2 tampering with the witnesses alleged against the petitioner. The petitioner has falsely been implicated in the present case. In course of investigation, it has come that the wife of the petitioner out of her own will had left the house of the petitioner. Except for this, there is no substantive evidence to suggest the implication of the petitioner in the present case. The petitioner has been made accused in the present case only because he is the husband of the said lady. It has further been submitted that the wife of the petitioner is a mentally weak lady and she was dumb also. It is further submitted that the petitioner had searched his wife at his own level but he could not succeed.

On behalf of the learned counsel for the State, it has been submitted that the petitioner is named in the F.I.R. Considering the aforesaid facts and circumstances, let the petitioner above named, be released on bail on furnishing bail bonds of Rs.10,000/- (Ten Thousand) with two sureties of the like amount each to the satisfaction of the learned S.D.J.M. Bagaha, West Champaran, in connection with Ram Nagar P.S. Case No. 06 of 2019.

U.K./- (Sudhir Singh, J) U T