Manoj Sah v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.55315 of 2018 Arising Out of PS.Case No. -520 Year- 2017 Thana -JOGAPATTI DistrictWESTCHAMPARAN(BETTIAH) ======================================================

1. Manoj Sah, S/o Mahavir Sah, R/o Basopatti, Bakuchiya, P.S.- Yogapatti, District- West Champaran.

.... .... Petitioner/s

Versus

1. The State of Bihar.

.... .... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s : Mr. Bimlesh Kumar Pandey, Advocate. For the Opposite Party/s : Mr. Shyam Bihari Singh, A.P.P. ====================================================== CORAM: HONOURABLE MR. JUSTICE SANJAY PRIYA ORAL ORDER 09-10-2018 Heard learned counsel for the petitioner and the State. The petitioner seeks bail in Yogapatti (Shanichari) P.S. Case No. 520 of 2017 instituted for the offence under Sections 304(B) and 201/34 of Indian Penal Code. Petitioner is husband of the deceased.

In the written report it is alleged that daughter of the informant was married with petitioner in the year 2012. She was tortured in her sasural for demand of Motorcycle and Bolero Car. The informant has registered 1 Kattha of land in the name of his daughter and son-in-law (petitioner). It is further alleged that informant has given Motorcycle to the petitioner, but he was not satisfied and has given threat to the daughter of informant that after five days, the dead body of the deceased would not be traced. After sending the Motorcycle to his son-in-law, the informant tried

Patna High Court Cr.Misc. No.55315 of 2018 (5) dt.09-10-2018 2/2 to contact his daughter on her Mobile phone but the same was found switched off. The informant went to sasural of his daughter but he did not find his daughter there. The villagers told him that she has been killed. The grand-son (nati) of the informant aged about 3 years told that his mother (since deceased) had been taken by the petitioner and other family members by vehicle to somewhere.

Counsel for the informant has appeared and opposed the prayer for anticipatory bail. He has stated that son of deceased has levelled specific allegation against the petitioner. Case diary has been received.

The son of the deceased namely Aditya Kumar has given statement before the police which is mentioned in paragraph-28 of the case diary wherein he has levelled specific allegation against the petitioner of assaulting the daughter of informant on the date of occurrence. Thereafter, petitioner along with his mother took the deceased by a vehicle. Therefore, this Court is not inclined to grant bail to the petitioner at this stage.

Prayer for bail of the petitioner stands rejected. (Sanjay Priya, J) S.Ali/- U T