Gaya Sahani v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.15603 of 2025 Arising Out of PS. Case No.-296 Year-2023 Thana- DUMARIAGHAT District- East Champaran ====================================================== 1.
Gaya Sahani S/O Late Manager Sahani R/O Viilage- Semua Pur, P.S. - Dumariya Ghat ,District-East Champaran 2.
Siya Devi W/O Gaya Sahani R/O Viilage- Semua Pur, P.S. - Dumariya Ghat ,District-East Champaran ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr.Vijay Shankar Shrivastava, Advocate For the Opposite Party/s :
Mr.Satyendra Narayan Singh, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE SOURENDRA PANDEY ORAL ORDER 19-06-2025 Heard learned counsel for the petitioners and learned Additional Public Prosecutor for the State.
2. The petitioners seek bail in a case registered for the offences under Sections 304(B), 34 of the I.P.C.
3. As per the prosecution case, the informant received an information that his daugther aged about 21 years has been killed. It is further alleged that the in-laws of his daughter had been demanding dowry of Rs. 1,00,000/- and on non-fulfillment of the same, she was tortured and ultimately killed.
4. Learned counsel for the petitioners submits that
2/4 petitioner no. 1 is the father-in-law and petitioner no. 2 is the mother-in-law of the deceased. Learned counsel further submits that there is general and omnibus allegation against the petitioners and no specific overt act has been alleged against the petitioners. It is next submitted that from perusal of the post-mortem report annexed as Annexure '3' it is evident that the cause of death is asphyxia due to hanging. Learned counsel further submits that chargesheet has already been submitted under Section 304(B) of I.P.C. against the petitioners. It is lastly submitted that the petitioners have clean antecedents and are in custody since 24.12.2024 and the husband of the deceased is in custody.
5. Learned APP for the State has opposed the prayer for bail of the petitioners and submits that the petitioners are the in-laws and they are alleged to have killed their daughter -in-law.
6.
Considering the aforesaid facts and circumstances of the case and taking into account the period of custody and the post-mortem report of the deceased, let the petitioners above-named be enlarged on bail on furnishing bail bond of Rs. 10,000/- (Rupees Ten Thousand)
3/4 on each of them with two sureties of the like amount each to the satisfaction of the learned court below where the case is pending/successor court in connection with Dumariyaghat P.S. Case No. 296/2023 subject to the conditions :- a. One of the bailors of the petitioners shall be their close relative.
b. The petitioners shall remain physically present in Court on each date of the trial.
c. In case of absence on two consecutive dates or in violation of the terms of the bail, the bail bond of the petitioners will be liable to the cancelled by the court concerned.
d. The Court below shall verify the criminal antecedent of the petitioners and in case at any stage it is found that the petitioners have concealed their criminal antecedent, the court below shall take step for cancellation of bail bond of the petitioners. However, the acceptance of bail bonds in terms of the afore-mentioned order shall
4/4 not be delayed for purpose of or in the name of verification.
7. It is made clear that the observations, if any, made in this order, shall be of no bearing during the trial. (Sourendra Pandey, J) tusharika/- U T