← Library
Patna High CourtCR. MISC./85189/2023allowed

Ram Babu Sah v. The State Of Bihar

2024-01-16Mr. Justice Sunil Kumar Panwar2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.85189 of 2023 Arising Out of PS. Case No.-84 Year-2023 Thana- MAHILA PS District- Darbhanga ====================================================== Ram Babu Sah son of Laxmi Sah Village- Mohammadpur, ward no. 3,p.s. Kamtaul, District-Darbhanga ... ... Petitioner/s

Versus

The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Kumar Praveen For the Opposite Party/s :

Mr.Nityanand ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL KUMAR PANWAR ORAL ORDER 16-01-2024 Heard learned counsel for the petitioner and learned APP for the State.

The petitioner has prayed for regular bail in a case registered for the offence punishable under sections 498(A), 495, 323, 379, 34 of the Indian Penal Code and Section 3 and 4 of the Dowry Prohibition Act.

As per prosecution case, the informant alleged that the petitioner along with his family members used to torture her due to non-fulfillment of dowry demand. It is further alleged that they also killed ousted her from her matrimonial house. Learned counsel for the petitioner submits that the petitioner is innocent and has committed no offence. The informant has stated that earlier she was married to one, Chandan Kumar but without taking divorce from her first

Patna High Court CR. MISC. No.85189 of 2023(2) dt.16-01-2024 2/2 marriage, she has solemnized marriage with this petitioner but date and time of the alleged marriage has not been mentioned in the FIR. It is further submitted on behalf of the petitioner is that he has falsely been implicated in this case due to ulterior motives and the petitioner is already a married person with one Babita Devi. The petitioner has got no criminal antecedent. Moreover, he is languishing in judicial custody since 17.09.2023.

Learned APP appearing for the state has opposed the prayer of regular bail.

Having heard learned counsel for the parties and considering the facts and circumstances of the case, this court is inclined to enlarge the petitioner on bail. The above named petitioner is directed to be released on bail in connection with Mahila P.S. Case No. 84 of 2023 on furnishing bail bond of Rs.10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of learned S.D.J.M., Darbhanga. (Sunil Kumar Panwar, J) Manishkr/- U T