Amod Sah v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No. 86273 of 2023 Arising Out of PS. Case No.-42 Year-2023 Thana- KARTAHA District- Vaishali ====================================================== Amod Sah SON OF LATE VIMAL PRASAD SAH RESIDENT OF VILLAGE- GHTARO, PO- GHATARO, PS- KARTAHAN, DISTT- VAISHALI BIHAR ... ... Petitioner/s

Versus

1.

The State of Bihar 2.

Juli Kumari Wife Of Amod Sah Resident Of Village- Ghtaro, Po- Ghataro, Ps- Kartahan, Distt- Vaishali Bihar ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

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

Mr.Madhura Nand Jha ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL KUMAR PANWAR ORAL ORDER 11-01-2024 Heard learned counsel for the petitioner and learned APP for the State.

2. The petitioner has prayed for regular bail in a case registered for the offence punishable under section 341, 323, 307, 324, 307, 354, 498A, 504, 506, 34 of the Indian Penal Code and Section 3⁄4 of the D.P. Act.

3. As per FIR, the allegation against the petitioner is that he used to torture the informant and also tried to burn her after sprinkling kerosene oil on her body due to nonfulfillment of dowry demand.

Patna High Court CR. MISC. No. 86273 of 2023(2) dt.11-01-2024 2/3

4. Learned counsel appearing on behalf of the petitioner has submitted that petitioner is innocent and has committed no offence. The petitioner is husband of the informant and due to family dispute he has falsely been implicated in this present case. The petitioner was ready to keep his wife with proper honour and dignity and the matter was referred to Mediation Centre D.L.S.A. Hajipur at Vaishali but the informant refused to settle the matter. It is further submitted that during investigation charage-sheet has been submitted under sectoins 341, 323, 324, 498A of the IPC, Sections 3 and 4 of the D.P. Act. The petitioner has got no criminal antecedent. Moreover, he is languishing in judicial custody since 25.07.2023.

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

6. Having heard learned counsel for the parties and considering the facts and circumstances of the case as well as judicial custody, this court is inclined to enlarge the petitioner on bail. The above named petitioner is directed to be released on bail in connection with Kartahan P.S. Case No. 42 of 2023 on furnishing bail bond of Rs.10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of

Patna High Court CR. MISC. No. 86273 of 2023(2) dt.11-01-2024 3/3 learned ACJM-IVth, Vaishali at Hajipur.

(Sunil Kumar Panwar, J) lata/- U