Bachcha Sah v. The State Of Bihar

Patna High Court Cr.Misc. No.43702 of 2016 (2) dt.05-10-2016

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.43702 of 2016 Arising Out of PS.Case No. -18 Year- 2015 Thana -PIPRA DistrictEASTCHAMPARAN(MOTIHARI) ====================================================== Bachcha Sah, S/o late Raghunath Sah R/o Tajeyapur, P.S. Pipra District East Champaran.

.... .... Petitioner

Versus

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

For the Petitioner : Mr. Patanjali Rishi, Advocate. For the State : Mr. Sri Chandra Bhushan Prasad(APP92) ====================================================== CORAM: HONOURABLE MR. JUSTICE ADITYA KUMAR TRIVEDI ORAL ORDER 05-10-2016 Heard learned counsel for the petitioner as well as learned Additional P.P.

For an occurrence allegedly having been committed on 22.12.2014, a complaint petition was filed on 03.01.2015 which was sent to the local police for registration and investigation and on the basis thereof, the instant case has been registered. As per narration of the complaint, it is evident that the complainant/informant who happens to the mother of the deceased Sunita Devi who was married with Subhash Sah, the brother of the petitioner that after marriage while she was staying at her Sasural, she was subjected to torture and cruelty for procurement of demand of dowry and lastly, she was ousted therefrom. However,

Patna High Court Cr.Misc. No.43702 of 2016 (2) dt.05-10-2016 on 21.09.2014, her husband came to her place where executed an undertaking and took away the deceased Sunita Devi and then thereafter, as has been alleged, on 23.12.2014, she was done to death and her dead body was disposed of.

From the written report itself, it is evident that no date of marriage has been given nor any sort of complicity relating to the petitioner. Moreover, there happens to be specific disclosure on 21.09.2014, the husband of the deceased had come to her place, gave an undertaking and took away Sunita Devi and then, thereafter, she was murdered.

That being so, the petitioner, Bachcha Sah is directed to be released on bail on furnishing bail bond of Rs.10,000/- (Ten thousand) with two sureties of the like amount each to the satisfaction of the learned Chief Judicial Magistrate, East Champaran at Motihari, in connection with Pipra P.S. Case No. 18 of 2015.

(Aditya Kumar Trivedi, J) m.pal U T