Santosh Sah @ Santosh Kr. Sah v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.78489 of 2019 Arising Out of PS. Case No.-224 Year-2018 Thana- BHELDI District- Saran ====================================================== SANTOSH SAH @ SANTOSH KR. SAH S/o Late Birendra Sah R/o villageBheldi, P.S.- Bheldi, District- Saran ... ... Petitioner/s

Versus

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

For the Petitioner :

Mr. Anant Kumar Bhaskar Mr. Sanjay Kr. Jha, Advocates.

For the Opposite Party:

Mr. Ajay Kumar Jha, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE VIKASH JAIN ORAL ORDER 03-12-2019 Heard learned counsel for the petitioner and learned APP for the State.

2. The petitioner is in custody since 04.01.2019 in connection with Sessions Trial No. 227 of 2019 arising out of Bheldi P.S. Case No. 224 of 2018 for the offences alleged under Sections 304(B)/201/34 of the Indian Penal Code.

3. It is submitted that the petitioner has been falsely implicated merely because he is the husband of the deceased. No specific allegation of any overt act has been alleged against the petitioner and there is no external injury on the body of the deceased.

4. Learned APP opposes the petition and invites reference to the order of the learned Additional Sessions Judge wherein case diary has been taken note of. The inquest report shows a rope mark on the neck of the deceased and the body was found by the side of river at Bheldi village. Witnesses have supported the prosecution case. The doctor has opined the cause

Patna High Court CR. MISC. No.78489 of 2019(2) dt.03-12-2019 2/2 of death by asphyxia caused by hanging.

5. Having regard to the nature of accusations and the gravity of the offence alleged, this Court is not inclined to grant the privilege of bail to the petitioner. The petition stands dismissed.

(Vikash Jain, J) Ibrar//- U T