Ram Awatar Sah And ORS v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Miscellaneous No.13766 of 2017 Arising Out of PS.Case No. -373 Year- 2016 Thana -MASRAKH District- SARAN ======================================================
1. Ram Awatar Sah, S/o Late Bhagelu Sah,
2. Panpati Devi, W/o Ram Awatar Sah,
3. Bhim Sah, S/o Yogendra Sah, All R/o village - Dumarshan, P.S. Masrak, District - Saran at Chapra .... .... Petitioner/s
Versus
1. The State of Bihar .... .... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s : Mr. Dewendra Narayan Singh, Adv. For the Opposite Party/s : Mr. Amit Kumar Rakesh, APP Mr. Varun Kumar, Adv.
====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR JHA ORAL ORDER 23-06-2017 Heard both sides.
The petitioners apprehend their arrest in Mashrak P.S. Case No. 373/2016, registered for the offences punishable under Sections 304(B), 120(B) and other sections of the Indian Penal Code.
The informant alleged that his daughter was married to Arjun Sah son of Yogendra Sah, but immediately after marriage her husband Arjun Sah, grandfather-in-law, brother-in-law and grandmother-in-law began to torture due to non-fulfillment of demand of dowry. The informant further alleged that grandfatherin-law, brother-in-law, grandmother-in-law and husband killed his
Patna High Court Cr.Misc. No.13766 of 2017 (4) dt.23-06-2017 2/3 daughter within two years of her marriage due to non-fulfillment of demand of dowry.
Learned counsel for the petitioners submits that petitioners are grandfather-in-law, grandmother-in-law, brother-inlaw of the deceased and they have no manner of concern with the family affairs of the deceased and her husband. The deceased gave birth to a male child. She was never tortured by the petitioners. On the other hand, learned counsel for the informant as well as learned A.P.P. vehemently opposed the prayer for bail of the petitioners and submitted that during the course of investigation, the witnesses have stated that the petitioners used to torture the deceased.
From perusal of the record, it appears that petitioners are grandfather-in-law, grandmother-in-law and brother-in-law of the deceased. The petitioners are old man and they have no manner of concern with the family affairs of the deceased and her husband.
Considering the facts aforesaid, the petitioners, in the event of their arrest or surrender before the court below within a period of four weeks from the date of receipt/production of a copy of this order, are directed to be enlarged on bail on furnishing bail bond of Rs. 10,000/- (Ten thousand) each with two sureties of the
Patna High Court Cr.Misc. No.13766 of 2017 (4) dt.23-06-2017 3/3 like amount each to the satisfaction of Additional Chief Judicial Magistrate 8th, Saran at Chapra in connection with Mashrak P.S. Case No. 373/2016, subject to the conditions as laid down under Section 438(2) of the Cr. P.C.
(Prabhat Kumar Jha, J.) Vinita/- U T