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2023 Supreme(Online)(Pat) 702
PATNA HIGH COURT
Mr. Justice Sunil Kumar Panwar
SANTOSH SAH @ SANTOSH TURAHA – Appellant
Versus
The State – Respondent
CR. MISC./46120/2022
The grant of bail is a discretionary power of the court, which must be exercised judiciously considering the facts and circumstances of each case, including the nature of the offense, the evidence against the accused, and the period of detention.
Headnote:
BAIL - SECTION 302, 328 & 34 IPC - POISONING - BAIL GRANTED CONSIDERING FACTS AND CIRCUMSTANCES OF THE CASE AND PERIOD OF DETENTION
Fact of the Case:
The petitioner was accused of administering poison to the victim, Nirmala Devi, along with his family members. The victim died on the way to the hospital after disclosing the incident to her mother-in-law and the informant. The petitioner claimed innocence and alleged false implication, stating that the victim had consumed poison at her maternal home due to a financial dispute with the informant.
Finding of the Court:
The court noted the petitioner's period of detention and considered the facts and circumstances of the case, including the victim's statement implicating the petitioner and his family members, as well as the petitioner's defense of false implication.
Issues: Whether the petitioner should be granted bail considering the nature of the offense and the evidence against him.
Ratio Decidendi: The court held that the petitioner was entitled to bail considering the facts and circumstances of the case, including the period of detention and the victim's statement implicating the petitioner and his family members.
Final Decision: The court granted bail to the petitioner on furnishing bail bond of Rs. 10,000/- with two sureties of the like amount each.
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.46120 of 2022
Arising Out of PS. Case No.-31 Year-2022 Thana- RAMNAGAR District- West Champaran
======================================================
SANTOSH SAH @ SANTOSH TURAHA S/o Radha Sah @ Radha Turaha
Resident of Village- Jogia, P.s.- Ramnagar, District- West Champaran.
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s
:
Mr.Vijay Kr Singh No. 1
For the Opposite Party/s :
Mr.Kumar Veerendra Narayan
======================================================
CORAM: HONOURABLE MR. JUSTICE SUNIL KUMAR PANWAR
ORAL ORDER
63
11-01-2023
Heard learned counsel for the petitioner and learned
APP for the State.
The petitioner has prayed for bail in a case registered
for the offence punishable under sections 302, 328 & 34 of the
Indian Penal Code.
As per allegation in the FIR, petitioner in connivance
with his family members administered poison to Nirmala Devi.
On getting information, informant and her mother-in-law went
to her house and found her lying on bed and she disclosed that
petitioner and his family members have given her poison then
she was being taken to hospital for treatment. In the way to
hospital, she died.
It is submitted by learned counsel for the petitioner
that petitioner is innocent and has been falsely implicated in this
Patna High Court CR. MISC. No.46120 of 2022(63) dt.11-01-2023
2/2
case. In fact, informant had borrowed Rs. 2,10,000/- from the
deceased’s husband to which deceased had gone to her maike
for demanding her money back but informant’s refused to give
the money and on the same day, victim consumed poison in her
Naihar and in way to hospital she died, which is mentioned in
para 34-38 of the case diary. Petitioner is in custody since
31.03.2022.
The application for bail is opposed by learned APP for
the State.
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 enlarged on bail on furnishing bail
bond of Rs. 10,000/- (Rs. ten thousand only) with two sureties
of the like amount each to the satisfaction of the learned SDJM,
Bagaha, West Champaran in connection with Ramnagar P.S.
Case No. 31 of 2022.
sushma/-
(Sunil Kumar Panwar, J)
U
