Yogendra Sah And ANR. v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.19814 of 2015 Arising Out of PS.Case No. -195 Year- 2013 Thana -GARKHA District- SARAN ======================================================

1. Yogendra Sah son of Late Shiv Dayal Sah

2. Meena Devi wife of Yogendra Sah Both resident of village Sahisarai P.S. Garkha, District Saran.

.... .... Petitioner

Versus

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

For the Petitioner/s : Mr. Mukesh Kumar Singh For the Opposite Party/s : Mr. Satyendra Narayan Singh(App) ====================================================== CORAM: HON'BLE MR. JUSTICE JITENDRA MOHAN SHARMA ORAL ORDER 02-07-2015 Heard learned counsel for the petitioners and learned counsel for the State.

In this application, the petitioners apprehend their arrest for the offences punishable under Sections 307, 498(A)/34, 302 of the IPC.

Allegedly due to non-fulfillment of demand made by the husband and petitioners from the informant, she was tortured and the husband Pramod Prasad after pouring kerosene oil on her body, burnt her and she became un-concious thereafter, she was

Patna High Court Cr.Misc. No.19814 of 2015 (2) dt.02-07-2015 2/3 brought to the Appollo Burns Hospital, Patna and after regaining sense she gave her statement giving rise to the present case but later on she died.

Submission is of false implication and that specific allegation is against the husband for burning her. The petitioners are father-in-law and mother-in-law and against them there is no specific allegation. The marriage has taken place 11 to 12 years ago. Husband is already in custody and as such the petitioners deserve sympathetic considerations.

The learned A.P.P. duly assisted by the learned counsel for the informant, opposes the prayer of pre-arrest bail by submitting that the petitioners were also present in the house and they were quarrelling. Charge-sheet has also been submitted against the petitioners finding the allegation true. Considering that against the petitioners, there is no specific allegation rather the specific allegation is against the husband for burning her and as such the petitioners in case of their surrender or arrest within two months from the date of receipt or production of the order they shall be released on bail on execution of bail bond of Rs. 10,000/- (Ten thousand) each with two sureties of the like amount each to the satisfaction of learned Chief Judicial Magistrate, Saran at Chapra in connection with Garkha P.S. Case

Patna High Court Cr.Misc. No.19814 of 2015 (2) dt.02-07-2015 3/3 No. 195 of 2013 subject to the conditions as laid down in Section 438(2) of the Cr.P.C.

(Jitendra Mohan Sharma, J) sushma/- U T