An oral order granting bail to a petitioner detained in judicial custody under Section 304 B and 201 IPC, subject to a bond and conditions regarding sureties and appearance in court.
Petitioner enlarged on bail by furnishing a bond of Rs. 10,000 with two sureties of the like amount each.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
IN THE HIGH COURT OF JUDICATURE AT PATNA Criminal Miscellaneous No.39676 of 2018
Arising Out of PS. Case No.-112 Year-2017 Thana- VIJAYEPUR District- Gopalganj
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Shatrudhan Sah, Son of Hareram Sah, Resident of Village- Bheria, P.S.Vijaypur, District- Gopalganj.
... ... Petitioner/s
Versus The State of Bihar. ... ... Opposite Party/s ====================================================== Appearance : For the Petitioner/s : Mr. Sanjay Kumar Pandey No-5, Adv. For the Opposite Party/s : Mr. Mukesh Kumar Singh, APP ======================================================
CORAM: HONOURABLE JUSTICE SMT. NILU AGRAWAL
ORAL ORDER
3 07-09-2018
Heard learned counsel for the petitioner and learned
APP for the State.
Petitioner is languishing in judicial custody since 25.11.2017 in connection with Sessions Trial No. 49/2018 arising out of Bijaipur @ Vijaypur P.S. Case No. 112/2017 for offences punishable under Sections 304 B and 201 of the Indian Penal Code.
The prosecution case, as lodged by the informant, is that his daughter Ruchi Sah was married to the petitioner seven years back and on 26.06.2017 he was informed that his daughter has been killed and her body cremated.
It has been submitted by the learned counsel for the petitioner that he is innocent and has been falsely implicated in the aforesaid case. He submits that marriage is more than seven years old, hence, Section 304-B of the IPC will not be applicable and there is contradiction in the statement of the
Patna High Court Cr.Misc. No.39676 of 2018(3) dt.07-09-2018 2/3
independent witnesses as the second sister of the informant was also married in the same village and the husband of the second sister of the informant was on inimical terms with the petitioner. He further submits that the deceased was sick and treated by the doctor as evident by the medial prescription of three days back of the alleged occurrence and that the family of the deceased took part in the cremation ceremony but the present case has been lodged as an afterthought. The petitioner undertakes to cooperate in the trial on day-to-day basis.
However, learned APP for the State opposes the prayer for bail.
Considering the facts and circumstances and the materials on record, let petitioner, above named, be enlarged on bail on furnishing bail bond of Rs.10,000/-(Ten Thousand) with two sureties of the like amount each to the satisfaction of learned Addl. District and Sessions Judge-VIII, Gopalganj in connection with Sessions Trial No. 49/2018 arising out of Bijaipur @ Vijaypur P.S. Case No. 112/2017, G.R. No. 2274/2017, subject to the following conditions :
Patna High Court Cr.Misc. No.39676 of 2018(3) dt.07-09-2018 3/3
petitioner.
(ii) Petitioner will appear before the learned court below during trial as and when required and failure to appear on two consecutive dates without assigning any reason will entail cancellation of his bail bonds.
(Nilu Agrawal, J)
Rajesh/Pragya
U T
1 issue framed by the court
Whether the petitioner is entitled to bail in a case concerning offences under Sections 304 B and 201 of the Indian Penal Code.
Shatrudhan Sah
The State of Bihar
Nilu Agrawal
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
