Mithu Sah v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.73961 of 2023 Arising Out of PS. Case No.-158 Year-2021 Thana- PATAHI District- East Champaran ====================================================== Mithu Sah Son Of Brahmdeo Sah Resident Of Village - Saraiya Gopal, Police Station - Patahi, District - East Champaran ... ... Petitioner/S

Versus

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

For the Petitioner/s :

Mr.Anant Kumar Mishra For the Opposite Party/s :

Mr.Harendra Prasad ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL KUMAR PANWAR ORAL ORDER 08-01-2024 Heard learned counsel for the petitioner and learned APP for the State.

The petitioner has filed the instant application for grant of regular bail in a case registered for the offences punishable under Sections 302/34 of the Indian Penal Code.

The informant, being a chowkidar, received an information that wife of petitioner has been killed by him along with other family members by tying sari in her neck.

It is submitted by learned counsel for the petitioner that the petitioner is innocent and he, being

Patna High Court CR. MISC. No.73961 of 2023(3) dt.08-01-2024 2/3 the husband of deceased, has falsely been implicated in the present case. There is no eye witness of the alleged offence. It is further submitted that marriage of petitioner with deceased has solemnized 10 years ago and she has two sons out of the wedlock. There is no prior complaint of harassment and torture. It is mentioned in para 11 of the petition that deceased had committed suicide by hanging herself. There is no any mark of external injury over the body of the deceased in the inquest report. From perusal of the postmortem report, it is evident that cause of death is asphyxia due to hanging. Moreover, the petitioner is languishing in judicial custody since 06.02.2023.

Learned APP appearing for the State has vehemently opposed the prayer for Bail.

Having heard learned counsel for the parties and taking into consideration the facts and circumstances of the case as well as period of custody, this Court is inclined to enlarge the petitioner on bail.

Patna High Court CR. MISC. No.73961 of 2023(3) dt.08-01-2024 3/3 The above named petitioner is directed to be enlarged on bail in connection withPatahi P.S. Case No. 158 of 2021 on furnishing bail bond of Rs. 10,000/- (Rupees ten thousand) with two sureties of the like amount each to the satisfaction of the learned C.J.M., Motihari, East Champaran.

(Sunil Kumar Panwar, J) Nirajkrs/- U T