Santosh Sah And ORS v. The State Of Bihar

Patna High Court Cr.Misc. No.8171 of 2017 (2) dt.22-02-2017

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.8171 of 2017 Arising Out of PS.Case No. -226 Year- 2015 Thana -PAHARPUR DistrictEASTCHAMPARAN(MOTIHARI) ======================================================

1. Santosh Sah son of Radha Sah

2. Geeta Devi wife of Radha Sah

3. Bishwanath Sah son of Late Narayan Sah All residents of village Bara Lagunia, Police Station Paharpur, District East Champaran.

.... .... Petitioners

Versus

The State of Bihar.

.... .... Opposite Party ====================================================== Appearance :

For the Petitioner/s : Mr. Anil Kumar For the Opposite Party/s : Mr. Sri Awadhesh Kumar Singh ====================================================== CORAM: HONOURABLE MR. JUSTICE JITENDRA MOHAN SHARMA ORAL ORDER 22-02-2017 Heard learned counsel for the petitioners and learned counsel representing the State.

Petitioners apprehend their arrest in connection with Paharpur P.S. Case No. 226 of 2015 registered for the offences punishable under Sections 304B and 201 of the Indian Penal Code.

Allegedly, the daughter of the informant having 8 months pregnancy who was married with Mantosh Kumar Sah was killed after three years of her marriage for non-fulfillment of dowry demand and further her dead body was also disposed of. Submission is of false implication and that under wrong impression earlier the prayer of pre-arrest bail of the petitioners was dismissed as withdrawn vide order dated 13.12.2016 passed

Patna High Court Cr.Misc. No.8171 of 2017 (2) dt.22-02-2017 in Cr. Misc. No. 47308 of 2016 and further father-in-law has also been allowed pre-arrest bail vide order dated 25.02.2016 passed in Cr. Misc. No. 8878 of 2016 considering the omnibus and general allegation, thrust of accusation is against the husband of the deceased who is in custody since 26.08.2015, the victim died natural death and she was provided medical assistance also. Learned APP opposes the prayer of pre-arrest bail.

In the facts and circumstances stated above, considering that father-in-law has already been allowed pre-arrest bail by another co-ordinate Bench of this Court and the petitioners are dewar, mother-in-law and grandfather-in-law, the petitioners, in case of their surrender or arrest within four weeks from the date of receipt/production of a copy of this order, shall be released on bail on execution of bail bonds of Rs. 10,000/- (ten thousand) each with two sureties of the like amount each to the satisfaction of the learned Chief Judicial Magistrate, Motihari, East Champaran in connection with Paharpur P.S. Case No. 226 of 2015, subject to the conditions as laid down under Section 438 (2) of the Cr.P.C.