Jhakar Lohra @ Jhagar Lohada And ORS v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.49202 of 2015 Arising out of PS.Case No. -48 Year- 2015 Thana -SIMRA District- WEST CHAMPARAN(BETTIAH) ======================================================

1. Jhakar Lohra @ Jhagar Lohada, S/o Late Nandlal Lohra @ Nandlal Lohada.

2. Sajani Devi, W/o Jhakar Lohra @ Jhagar Lohada, Both residents of village - Hathuanawa, P.S. Semra ( Chiutaha ), District - West Champaran.

3. Ajay Lohra @ Ajay Lohada, S/o Dhanai Lohra @ Dhanai Lohada, resident of village - Dadhiya, P.S. Semra, District - West Champaran. .... .... Petitioners

Versus

The State of Bihar .... .... Opposite Party ====================================================== Appearance :

For the Petitioners : Mr. Binod Kumar Yadav, Advocate. For the Opposite Party : Mr. Md.Ashlam Ansari (App) ====================================================== CORAM: HONOURABLE MR. JUSTICE SUDHIR SINGH ORAL ORDER 01-12-2015 Heard learned counsel for the petitioners and learned counsel for the State The petitioners are languishing in custody since 25.08.2015 in connection with Semra P.S. Case No. 48 of 2015 for the offences instituted under Sections 302 and 201/34 IPC. The prosecution story, in brief, is that the informant had married his daughter Van Devi in May, 2015 with Chandrama Lohada and his daughter was living peacefully. After two months, he brought his daughter to his house and after living 20 days, the father-in-law of his daughter, Jhagar Lohada came and took his daughter after her Bidaie. It is further case of the informant that he

Patna High Court Cr.Misc. No.49202 of 2015 (3) dt.01-12-2015 2/3 came to know that family members of his daughter have killed her and when the informant reached Hathuanwa then he came to know that after killing his daughter the dead body has been hidden and in murder of his daughter, all accused persons (petitioners) are involved.

It has been submitted on behalf of the petitioners that the petitioners have got no criminal antecedent. The petitioners are in custody since 25.08.2015 and the charge sheet has been submitted in the case under Section 304(B) IPC. There is no allegation of tampering of the evidence against the petitioners. The petitioner no. 1 is the father-in-law of the deceased, petitioner no. 2 is the mother-in-law of the deceased and petitioner no. 3 is the cousin son-in-law of the petitioner no. 1. The petitioners are separate in mess and property from the husband of the deceased. A petition vide Annexure-2 series has been filed by the informant where he has admitted that the case has been instituted due to mistake of fact.

On behalf of the State it has been submitted that the petitioners are named in the F.I.R.

Considering the aforesaid facts and circumstances, let the petitioners above named, be released on bail on furnishing bail bond of Rs. 10,000/-(Ten Thousand) each with two sureties of the

Patna High Court Cr.Misc. No.49202 of 2015 (3) dt.01-12-2015 3/3 like amount each to the satisfaction of the learned A.C.J.M., Bagaha, West Champaran, in connection with Semra P.S. Case No. 48/2015.

U.K./- (Sudhir Singh, J) U T