Disposed

Awadhesh Sah v. The State of Bihar

Patna HC15 Jun 2023CR. MISC./19147/2023

Case brief

AI extract

What is this about?

The Patna High Court granted anticipatory bail to the petitioner in a dowry death FIR. The court directed the lower court to release the petitioner on bail upon arrest or surrender within four weeks, subject to standard conditions, noting his limited role in the alleged murder.

What did the court decide?

Granted anticipatory bail on surrender within four weeks, subject to a bail bond of Rs. 10,000 with two sureties and conditions under Section 438(2) CrPC.

Awadhesh Sah Vs The State of Bihar — Dowry and Cruelty | Patna HC (2023)

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IN THE HIGH COURT OF JUDICATURE AT PATNA CRIMINAL MISCELLANEOUS No.19147 of 2023

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Arising Out of PS. Case No.-565 Year-2022 Thana- MAJHAULIA District- West Champaran

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Awadhesh Sah S/O Yogi Sah Resident Of Villae- Jaukatiya, P.S.- Majhauliya, District- West Champaran.

... ... Petitioner/s

Versus

The State of Bihar

... ... Opposite Party/s

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Appearance :

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For the Petitioner/s : Mr. Ramchandra Sahni, Advocate For the Opposite Party/s : Mr. Dinesh Singh, APP

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CORAM: HONOURABLE MR. JUSTICE PURNENDU SINGH ORAL ORDER

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2 15-06-2023 Heard Mr. Ramchandra Sahni, learned counsel

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appearing on behalf of the petitioner and Mr. Dinesh Singh, learned APP appearing on behalf of the State.

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The petitioner apprehends his arrest in connection with Majhaulia P.S. Case No. 565 of 2022 registered under Sections 304(B), 201 and 34 of the Indian Penal Code.

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The prosecution story, in brief, is that the daughter

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of the informant was married to one Nitesh Sah and for nonfulfillment of dowry all the accused persons committed the murder of daughter of the informant.

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Learned counsel appearing on behalf of the

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Patna High Court CR. MISC. No.19147 of 2023(2) dt.15-06-2023 2/3

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petitioner submits that the present petitioner has been made accused in the present case because he has participated in negotiation of marriage of the daughter of the informant with one Nitesh Sah, who is in custody. Learned counsel further submits that no role of the petitioner has been alleged in the F.I.R. that he has committed murder of the deceased. Learned counsel further submits that petitioner has clean antecedent.

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Learned APP appearing on behalf of the State has vehemently opposed the prayer for grant of bail to the petitioner.

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Considering the nature of allegation made in the F.I.R. as well as the fact that the main allegation is made against the family members of the deceased including the husband of the deceased. The present petitioner had only negotiated the marriage settlement between the deceased and the accused, namely, Nitesh Sah. In view of the above fact, it seems that the petitioner has made out a, prima facie , case to be released on anticipatory bail.

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Court below is directed to release the petitioner on anticipatory bail, in the event of his arrest or surrender before the learned Court below within a period of four weeks from today, on furnishing bail bond of Rs.10,000/-(Ten thousand) with two sureties of the like amount each, to the satisfaction of learned C.J.M, West Champaran, Bettiah in connection with

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Patna High Court CR. MISC. No.19147 of 2023(2) dt.15-06-2023 3/3

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Majhaulia P.S. Case No. 565 of 2022, subject to the condition as laid down under Section 438(2) of the Cr.P.C.

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(Purnendu Singh, J)

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Mantreshwar/minu/- U T

Awadhesh Sah v. The State of Bihar

Case brief

What is this about?

What did the court decide?

Awadhesh Sah v. The State of Bihar

Case brief

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What did the court decide?

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