Upendra Sah And ANR. v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Miscellaneous No.52788 of 2015 Arising Out of PS.Case No. -148 Year- 2011 Thana -BHANGWANPUR HAT District- SIWAN ======================================================
1. Upendra Sah son of Rambichari Sah @ Rambichar Sah @ Bichari Sah
2. Ram Bichari Sah @ Ram Bichar Sah @ Bichari Sah, son of Late Bigu Sah.
Both resident of village- Sarhari, P.S.- Bhagwanpur, District- Siwan. .... .... Petitioners
Versus
The State of Bihar .... .... Opposite Party ====================================================== Appearance :
For the Petitioner/s : Mr. Yogendra Prasad Sinha, Advocate For the Opposite Party/s : Mr. Murlidhar, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE ASHWANI KUMAR SINGH ORAL ORDER 01-02-2016 Heard learned counsel for the petitioners and learned counsel for the State.
The petitioner seeks bail in connection with Bhagwanpur P. S. Case 148 of 2011 registered under Sections 304-B and 201/34 of the Indian Penal Code.
It has been contended by learned counsel for the petitioners that there is no truth behind the allegation made in the FIR. The marriage had taken place six years prior to the alleged date of incident. The wife of the petitioner no. 1 was in habit of fleeing away from her marital home and on the alleged date of occurrence when she went away out of her own will, the petitioner no. 1 and his family members were under impression that she might have gone to her maike and, as such, no report was made either to the police or to the parents of the alleged
Patna High Court Cr.Misc. No.52788 of 2015 (4) dt.01-02-2016 2/2 victim.
On the other hand, learned counsel for the State has contended that the daughter of the informant was being subjected to cruelty in her marital for non-fulfilment of demand of dowry of Rs.50,000/- and ultimately the husband and his relatives killed and disposed of her dead body without informing the informant.
Be that as it may, regard being had to the gravity of the offence and the allegation made in the FIR, I am not inclined to grant bail to petitioner no. 1 Upendra Sah, the husband of the deceased. Accordingly, the application for bail of the petitioner no. 1 is rejected.
So far as petitioner no. 2 Ram Bichari Sah @ Ram Bichar Sah @ Bichari Sah is concerned, since there is an omnibus allegation against him, he is directed to be released on bail on furnishing bail bond of Rs.10,000/- (Ten thousand only) with two sureties of the like amount each to the satisfaction of learned Chief Judicial Magistrate, Siwan in Bhagwanpur P. S. Case No. 148 of 2011.
(Ashwani Kumar Singh, J.) Kanchan/- U T