Jaglal Sah v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.19572 of 2023 Arising Out of PS. Case No.-235 Year-2021 Thana- BHANGWANPUR HAT District- Siwan ====================================================== 1.

Jaglal Sah Son of Late Ramjeet Sah @ Ramjee Sah R/o Village- Rampur Pandey Tola, PS- Bhagwanpur, Hat District- Siwan. 2.

Sushila Kunwar Wife of Late Ramjeet Sah @ Ramjee Sah R/o VillageRampur Pandey Tola, PS Bhagwanpur, Hat District- Siwan. 3.

Dharmemdra Sah @ Dharmendra Kumar Son of Late Ramjeet Sah @ Ramjee Sah R/o Village- Rampur Pandey Tola, PS Bhagwanpur, Hat District- Siwan.

4.

Delilp Sah @ Delip Kumar Son of Late Ramjeet Sah @ Ramjee Sah R/o Village- Rampur Pandey Tola, PS Bhagwanpur, Hat District- Siwan. ... ... Petitioner/s

Versus

The State of Bihar.

... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Ravindra Nath Dubey For the Opposite Party/s :

Mr.Chandra Sen Prasad Singh ====================================================== CORAM: HONOURABLE MR. JUSTICE ANJANI KUMAR SHARAN ORAL ORDER 27-06-2023 At the outset, learned counsel for the petitioner seeks permission to withdraw this anticipatory bail application in respect of petitioner no.1, Jaglal Sah as he has already surrendered before the learned court below and the learned court below has granted him bail.

Permission is granted.

Accordingly, this anticipatory bail application is dismissed as withdrawn so far as petitioner no.1, Jaglal Sah is concerned.

Now, this anticipatory bail application survives only

Patna High Court CR. MISC. No.19572 of 2023(3) dt.27-06-2023 2/3 against petitioners no.2, 3 and 4, namely, Sushila Kunwar, Dharmemdra Sah @ Dharmendra Kumar and Delilp Sah @ Delip Kumar.

Heard both sides.

Petitioners apprehend their arrest in connection with Bhagwanpur P.S. Case No.235 of 2021, registered for the offences punishable under Sections 304(B)/34 of the Indian Penal Code and Sections 3⁄4 of the Dowry Prohibition Act. Accusation against the petitioners and other coaccused persons is of killing the daughter of the informant for non-fulfillment of demand of additional dowry. Learned counsel for the petitioners submits that petitioners are innocent and have falsely been implicated in the present case. The petitioners have got no criminal antecedent as stated in paragraph-3 of the bail petition. It is further submitted that there is general and omnibus allegation against the petitioners and they are in-laws of the deceased. It is also submitted that the petitioners have no manner of concern with the family affairs of the deceased and her husband. Learned APP for the State opposed the prayer for grant of anticipatory bail to the petitioners. Considering the nature of offence, I am not inclined to

Patna High Court CR. MISC. No.19572 of 2023(3) dt.27-06-2023 3/3 enlarge the petitioners on anticipatory bail. Accordingly, the prayer for grant of anticipatory bail to the petitioners is hereby rejected.

However, if petitioners surrender before the learned court below within a period of six weeks from today and pray for regular bail, the learned court below shall consider the prayer for regular bail of the petitioners preferably on the same day without being prejudiced by this order of rejection considering the re-statement of the informant. (Anjani Kumar Sharan, J) S.KUMAR/- U T