Ajay Narain Shahi And ANR v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.39634 of 2016 Arising Out of PS.Case No. -97 Year- 2016 Thana -CHOUTARWA DistrictWESTCHAMPARAN(BETTIAH) ======================================================

1. Ajay Narain Shahi, son of Vijay Pratap Narayan Singh

2. Kiran Devi, wife of Ajay Narain Shahi Both are residing at village- Babu Parsaoni, P.S.- Bathwaniya, District- West Champaran. .... .... Petitioners

Versus

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

For the Petitioners : Mr. Shailendra Kumar Dwivedi, Advocate.

For the Opposite Party : None.

====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR JHA ORAL ORDER 11-11-2016 Heard learned counsel for the petitioners, none appeared on behalf of the State. The case diary is received. The petitioners apprehend their arrest in Choutarwa P.S. Case No. 97 of 2016 registered for the offences punishable under Sections 364 and 34 of the Indian Penal Code. The informant alleged that his sister Priyanka Devi was solemnized love marriage with Ankit Narain Shahi, son of the petitioners, on 21.05.2011 and she was living happily in her Sasural. On 29.03.2016, the informant came to know that some untoward happen with his sister and on enquiry no concrete information was received as to whereabouts of his sister. The informant suspected that the petitioners might have kidnapped his sister and killed her. Learned counsel for the petitioners submits that the

Patna High Court Cr.Misc. No.39634 of 2016 (3) dt.11-11-2016 2/2 petitioners are father-in-law and mother-in-law of the deceased. The deceased solemnized love marriage with Ankit Narain Shahi, the son of the petitioners, but the petitioners never demanded any dowry nor tortured the deceased. The deceased fell ill and she was treated by Dr. Kavi Kumar Nirmal on 13.03.2016 and she was referred to P.M.C.H., Patna but she died.

It appears that the petitioners are father-in-law and motherin-law of the deceased and the informant did not make any specific allegation of demand of dowry and torture or ill-treatment at the hands of these petitioners.

Considering the facts aforesaid, the petitioners above named, in the event of their arrest or surrender before the court below within a period of four weeks from the date of receipt/production of a copy of this order, are directed to be enlarged on bail on furnishing bail bond of Rs. 10,000/- (Ten Thousand) with two sureties of the like amount each to the satisfaction of the Chief Judicial Magistrate, West Champaran at Bettiah in Choutarwa P.S. Case No. 97 of 2016, Subject to the conditions as laid down under Section 438 (2) of the Code of Criminal Procedure.

(Prabhat Kumar Jha, J.) KKSINHA/- U T