Ajay Sah v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.83037 of 2023 Arising Out of PS. Case No.-350 Year-2023 Thana- CHANPATIA District- West Champaran ====================================================== Ajay Sah, Son Of Late Kaval Sah R/O Village- Maghiya, P.S.- Chanpatia, Dist.- West Champaran ... ... Petitioner/s

Versus

The State Of Bihar, Patna ... ... Opposite Party/s Appearance :

For the Petitioner/s :

Mr. Ram Kishun Prasad, Adv.

For the Opposite Party/s :

Mr. Jharkhandi Upadhyay, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE DR. ANSHUMAN ORAL ORDER 19-03-2024 Heard learned counsel for the petitioner and learned A.P.P. for the State.

2. The petitioner seeks regular bail in connection with Chanpatia P.S. Case No. 350 of 2023, lodged on 09.06.2023 under Sections 304(B), 201, 34 of the Indian Penal Code.

3. As per the prosecution case, FIR has been lodged against seven named accused persons including the present petitioner against whom there is an allegation that they have killed the informant's daughter due to non-fulfillment of demand of dowry.

4. Learned counsel for the petitioner submits that the petitioner is innocent and has committed no offence. Counsel also submits that the petitioner is a distant relative of the

Patna High Court CR. MISC. No.83037 of 2023(3) dt.19-03-2024 2/3 husband of the deceased. Counsel further submits that on the said day, the petitioner visited to the house of his cousin to attend the function and on that day, unfortunate event took place, in result, the petitioner's name has been figured in this case by the father of the deceased. Counsel also submits that there is general and omnibus allegation against all the accused persons including the present petitioner.

5. Learned counsel for the petitioner submits that the criminal antecedent of the petitioner is clean and he is in custody since 04.08.2023. Counsel also submits that from the records of the case, it is clear that the petitioner is resident of Village-Maghiya, Police Station-Chanpatia, whereas, the said occurrence took place in another village. Counsel further submits that charge-sheet has already been filed in this case.

6. Learned APP for the State opposes the prayer for bail of the petitioner and submits that husband of the deceased is already in custody as it is apparent from para 4 of the case diary.

7. In the present facts and circumstances of this case and the submissions made above, let the petitioner above named be granted bail, on furnishing bail bonds of Rs.30,000/- (Rupees Thirty thousand) with two sureties of the like amount each to the satisfaction of learned Chief Judicial Magistrate,

Patna High Court CR. MISC. No.83037 of 2023(3) dt.19-03-2024 3/3 Bettiah, West Champaran in connection with Chanpatia P.S. Case No. 350 of 2023, subject to the conditions as laid down U/s 437(3) Cr.P.C.

(Dr. Anshuman, J.) Divyansh/- U T