Jiyalal Sah v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.8093 of 2024 Arising Out of PS. Case No.-42 Year-2023 Thana- SHYAMPUR BHATHAN DistrictSheohar ====================================================== 1.

Jiyalal Sah Son Of Late Gonaur Sah R/O-Dumari Ward No. 09, P.S.- Shyampur Bhataha, Distt.-Sheohar 2.

Kailash Devi Wife Of Jiyalal Sah R/O-Dumari Ward No. 09, P.S.-Shyampur Bhataha, Distt.-Sheohar ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Devendra Kumar, Adv.

For the Opposite Party/s :

Mr. Umanath Mishra, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE CHANDRA PRAKASH SINGH ORAL ORDER 04-03-2024 Heard learned counsel for the petitioners and learned Additional Public Prosecutor for the State.

2. The petitioners are apprehending their arrest in a case in connection with Shyampur Bhataha P.S. Case No. 42 of 2023 dated 13.05.2023 registered for the offences punishable u/ss 302 and 304B read with section 34 of the Indian Penal Code.

3. As per the prosecution case, the petitioners and the co-accused persons are alleged to have hanged the informant's daughter to death due to non-fulfillment of demand of motorcycle as dowry.

4. Learned counsel for the petitioners has submitted that the petitioners have falsely been implicated in this case. The petitioner no. 1 is the father-in-law and the petitioner no. 2 is the mother-in-law of the deceased and they have no concern with the

Patna High Court CR. MISC. No.8093 of 2024(2) dt.04-03-2024 2/2 alleged offence. The petitioners have never demanded any dowry from the informant's daughter. There is general and omnibus allegation against the petitioners. The husband of the deceased is already in custody as stated in para 10 of the bail petition. The petitioners have no criminal antecedent as stated in para 3 of the bail petition.

5. Learned A.P.P. for the State has vehemently opposed the bail petition of the petitioners.

6. Considering the aforesaid facts and circumstances of the case as well as the nature of allegation being general and omnibus against the petitioners, let the above named petitioners, in the event of their arrest/surrender within a period of six weeks from today, be enlarged on bail on furnishing bail-bond of Rs. 20,000/- (Rupees Twenty thousand) each with two sureties of the like amount each to the satisfaction of learned court concerned, Sheohar in connection with Shyampur Bhataha P.S. Case No. 42 of 2023, subject to conditions as laid down under Section 438(2) of the Code of Criminal Procedure.

7. This application stands allowed.

(Chandra Prakash Singh, J) Gautam/- U T