Shiv Shankar Sah And ORS v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.36575 of 2015 Arising Out of PS.Case No. -191 Year- 2015 Thana -NARPATGANJ District- ARRARIA ======================================================

1. Shiv Shankar Sah S/o Late Nathuni Sah

2. Badri Sah S/o Shiv Shanker Sah

3. Rajesh Sah alias Rajesh Kumar Sah S/o Shiv Shanker Sah All Resident of village - Mirdol, P.S. Narpatganj, District - Araria .... .... Petitioner/s

Versus

10. The State of Bihar .... .... Opposite Party/s Appearance :

For the Petitioner/s : Mr. Kundan Kumar Singh For the Opposite Party/s : Mr. Upendra Kumar (App) CORAM: HONOURABLE MR. JUSTICE DINESH KUMAR SINGH ORAL ORDER 10-09-2015 Heard learned counsels for the petitioners and the State. The petitioners being father and brothers of the husband of the victim are apprehending arrest in a case registered for the offences punishable under Sections 304B and 201/34 of the Indian Penal Code.

The accusation is of killing the daughter of the informant by administering poison after about three years of marriage for non fulfillment of dowry demands. It is submitted by the learned counsel for the petitioners that the accusation of administering poison is against seven persons including the petitioners but the postmortem report reflects no resisting injuries and the cause of death has not been

Patna High Court Cr.Misc. No.36575 of 2015 (2) dt.10-09-2015 2/2 ascertained by the doctor and the viscera report has been preserved.

It is submitted by learned counsel for the informant that within three years of marriage the victim was killed by administering poison but has not denied the fact that the husband of the victim is in custody.

Considering the fact that the accusation reflects the administering of poison by seen persons, let the above named petitioners be released on anticipatory bail in the event of arrest or surrender before the learned Court below within a period of twelve weeks from today on furnishing bail bond of Rs. 10,000/- (ten thousand) each with two sureties of the like amount each to the satisfaction of learned CJM, Araria in connection with Narpatganj P.S. Case No. 191 of 2015 subject to the conditions as laid down under Section 438(2) Cr.P.C.

(Dinesh Kumar Singh, J) Anil/- U T