Pachu Das And ANR v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.52176 of 2015 Arising Out of PS.Case No. -111 Year- 2014 Thana -PATEPUR District- VAISHALI(HAJIPUR) ======================================================

1. Pachu Das son of Late Manchit Das

2. Sunil Das, son of Pachu Das Both are resident of village- Maudah Chatur, P.S.- Patepur in the District of Vaishali .... .... Petitioners

Versus

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

For the Petitioner/s : Mr. Sushant Kumar For the Opposite Party/s : Mr. Rajesh Kumar (App) ====================================================== CORAM: HONOURABLE MR. JUSTICE KISHORE KUMAR MANDAL ORAL ORDER 16-12-2015 Heard both sides.

The petitioners are the father-in-law and brother-inlaw respectively of the deceased who died unnatural death in the matrimonial home.

The allegation is that she was tortured and subsequently poisoned to death.

Contention of the petitioner is that the charge sheet has been submitted against the husband under Section 302 of the IPC who is facing trial. It is not a case of death within seven years of marriage. The victim was mother of four daughters and was living separately. The petitioners are in custody since 08.07.2015 and 10.07.2015 respectively. It is also submitted that all the

Patna High Court Cr.Misc. No.52176 of 2015 (2) dt.16-12-2015 2/2 prosecution witnesses examined at the trial against the husband of the victim have not supported the prosecution case. Considering the seriousness of the allegation and the materials available on record, this Court, for the present, is not inclined to privilege them with bail. Prayer is, accordingly, rejected. The petitioners shall have, however, liberty to renew prayer for bail in the Court below itself after the charges are framed in the present case against them by the learned trial Court. (Kishore Kumar Mandal, J) Shyam/- U T