Dev Lal Sah v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Miscellaneous No.45946 of 2018 Arising Out of PS.Case No. -55 Year- 2018 Thana -GORIAKOTHI District- SIWAN ======================================================
1. Dev Lal Sah S/o late Phulena Sah R/o Village- Goriya Kothi, P.S. Goriya Kothi, District-Siwan.
.... .... Petitioner/s
Versus
1. The State of Bihar .... .... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s : Mr. Bijay Prakash Singh For the Opposite Party/s : Mr. Sri Ajit Kumar ====================================================== CORAM: HONOURABLE MR. JUSTICE VINOD KUMAR SINHA ORAL ORDER 08-08-2018 Heard the parties.
The petitioner is apprehending his arrest in connection with Goriya Kothi P.S.Case no.55 of 2018 registered for offences punishable under Sections 302, 379/34 of the Indian Penal Code. Allegation against the petitioner as per FIR is that the deceased had love affair with the grand daughter of the petitioner and after the marriage, she came to her 'Maike' and when the friend of the boy came there they assaulted and killed him. Submission of the learned counsel for the petitioner is that there is general and omnibus allegation against the petitioner and the petitioner is aged about 63 years which he has stated on oath. Heard learned A.P.P. who has opposed the prayer for bail stating that it is the case of honour killing as the grand daughter of
Patna High Court Cr.Misc. No.45946 of 2018 (2) dt.08-08-2018 2/2 the petitioner has married with a boy of her choice and when the friend of the boy came to her Maike, he was killed. . Having heard both sides and in view of the facts and circumstances, as stated above, I am not inclined to grant anticipatory bail to the petitioner rather let the petitioner surrender before the learned court below within a period of four weeks from the date of receipt of the order and make prayer for regular bail, which will be considered by the learned court below on its own merit without being prejudiced by the order of this Court. With the aforesaid direction, this application is dismissed. (Vinod Kumar Sinha, J) chn/- U T