Rambali Sah @ Ramvali Sah v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.79142 of 2023 Arising Out of PS. Case No.-397 Year-2022 Thana- SONBERSA District- Sitamarhi ====================================================== Rambali Sah @ Ramvali Sah Son of Ramautar Shah R/o vill - Narkatiya, P.S. - Sonbarsa, Distt. - Sitamarhi ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Uday Kumar, Advocate For the Opposite Party/s :
Mr. Ram Priya Sharan Singh, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE CHANDRA SHEKHAR JHA ORAL ORDER 05-03-2024
1. Heard learned counsel appearing on behalf of the petitioner and learned Additional Public Prosecutor appearing on behalf of the State.
2. The accused/petitioner is named in the F.I.R. and apprehending his arrest in connection with Sonbarsa P.S. Case No. 397 of 2022 registered for the offences punishable under Sections 302, 201 and 34 of the Indian Penal Code.
3. The allegation against the petitioner is to commit murder of the daughter of informant alonwith other co-accused persons/family members, where occurrence arises out of matrimonial discord.
4. Learned counsel appearing on behalf of the
Patna High Court CR. MISC. No.79142 of 2023(3) dt.05-03-2024 2/3 petitioner submitted that thrust of allegation as per face of FIR is available against husband of deceased namely Ajay Kumar Sah. It is submitted that allegation of matrimonial discord is not specifically available against petitioner, who is father-in-law of the deceased. It is submitted that implication of petitioner appears only for the reason being father of the husband of deceased. It is pointed out that main co-accused/husband Ajay Kumar Sah, surrendered before the court and he is under the judicial custody. While concluding the argument it is submitted that petitioner is a man of clean antecedent.
5. Learned APP appearing on behalf of the State, opposes the prayer for bail.
6. In view of the facts and circumstances as mentioned above and by taking note of the fact, as implication of petitioner appears only being father-in-law of deceased, where thrust of allegation is available against husband/coaccused namely Ajay Kr. Sah, accordingly petitioner above named, in the event of his arrest or surrender before the learned Court within a period of four weeks, is directed to be released on bail, furnishing bail bond of Rs.10,000/- (Rupees Ten Thousand) each with two sureties of the like amount each to the satisfaction of the learned Judicial Magistrate 1st Class,
Patna High Court CR. MISC. No.79142 of 2023(3) dt.05-03-2024 3/3 Sitamarhi/concerned Court where the case is pending in connection with Sonbarsa P.S. Case No. 397 of 2022 subject to the conditions as laid down under Section 438(2) of the Cr.P.C. (Chandra Shekhar Jha, J.) S.Tripathi/- U T