Ganesh Sah v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.12082 of 2024 Arising Out of PS. Case No.-183 Year-2023 Thana- MAHARAJGANJ District- Siwan ====================================================== Ganesh Sah Son of Late Morilal Pd. R/o vill - Sihauta, Daldali Bazar, P.S. - Maharaj Ganj, Distt. - Siwan ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== with CRIMINAL MISCELLANEOUS No. 12566 of 2024 Arising Out of PS. Case No.-183 Year-2023 Thana- MAHARAJGANJ District- Siwan ====================================================== Rinki Devi D/o- Ganesh Sah Village- Sihauta Daldali Bazaar Ps- Maharajganj Dist- Siwan ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
(In CRIMINAL MISCELLANEOUS No. 12082 of 2024) For the Petitioner/s :
Ms. Priyanka Singh, Advocate For the Opposite Party/s :
Mr. Jitendra Kumar Singh, A.P.P.
(In CRIMINAL MISCELLANEOUS No. 12566 of 2024) For the Petitioner/s :
Ms. Priyanka Singh, Advocate For the Opposite Party/s :
Mr. Anant Kumar 1, A.P.P.
====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH ORAL ORDER 18-04-2024 Heard learned counsel for the petitioners and the State.
2. Petitioners apprehend arrest in a case registered for the offences punishable under Section 304(B)/34 of the Indian Penal Code.
3. It is a case of dowry death.
Patna High Court CR. MISC. No.12082 of 2024(3) dt.18-04-2024 2/3
4. Petitioner, namely, Ganesh Sah is father-in-law and petitioner, namely, Rinki Devi is married sister-in-law of the deceased.
5. It is submitted on behalf of the petitioners that there is general and omnibus allegation against the petitioners. Petitioners are separate in mess and property and they are not concerned with the family affairs of the deceased. As a matter of fact, the deceased was suffering from breathing problem and was frustrated. It is next submitted that demand of dowry after five years of marriage is unreliable and the deceased was mother of three children. Moreover, post-mortem report of the deceased shows that the cause of death is 'Asphyxia due to hanging' and thrust of accusation is against husband of the deceased. Petitioners have got clean antecedent.
6. Learned A.P.P. for the State vehemently opposes the bail application.
7. Considering the aforesaid facts and circumstances of the case, this anticipatory bail is allowed and it is ordered that let both the above named petitioners in the event of their arrest/surrender before the court below within a period of six weeks from today, be enlarged on bail on furnishing bail-bond of Rs. 10,000/- (ten thousand) each with two sureties of the like
Patna High Court CR. MISC. No.12082 of 2024(3) dt.18-04-2024 3/3 amount each to the satisfaction of Additional Chief Judicial Magistrate-VI, Siwan in connection with Maharajganj P. S. Case No. 183 of 2023, subject to condition as laid down under Section 438(2) of the Code of Criminal Procedure. (Prabhat Kumar Singh, J) Navya/- U T