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Patna High CourtCR. MISC./41557/2016bail granted

Suresh Sahni And ORS v. The State Of Bihar

2016-12-05Mr. Justice Prabhat Kumar Jha3 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.41557 of 2016 Arising Out of PS.Case No. -321 Year- 2016 Thana -SUPAUL District- SUPAUL ======================================================

1. Suresh Sahni, Son of Late Bishwanath Sahni.

2. Kiran Devi, Wife of Suresh Sahni.

3. Jooli Kumari @ Juli Kumari, Daughter of Suresh Sahni, All resident of Ward No. 10, Supaul, P.S. Supaul, District- Supaul. .... .... Petitioners

Versus

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

For the Petitioners : Mr. Pankaj Kumar Sinha, Advocate.

Mr. Kamal Kishore Jha, Advocate.

For the Opposite Party : Mr. Ahmad Ali, APP.

For the Informant : Mr. Raunak Kumar Singh "Pankaj", Advocate.

====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR JHA ORAL ORDER 05-12-2016 Heard both sides.

The petitioners seek bail in Supaul P.S. Case No. 321 of 2016, registered for the offences punishable under Sections 302, 304B and 120B of the Indian Penal Code.

The informant alleged that his daughter was married with Raushan Kumar, son of petitioner no. 1 and 2 a year ago but her husband, father-in-law, mother-in-law and other in-laws started demanding dowry and they were subjecting torture to his daughter. The informant's daughter was found hanging inside the room, the door was opened and the dead body of his daughter was brought down. It is further alleged that on 24.05.2016 the accused

Patna High Court Cr.Misc. No.41557 of 2016 (3) dt.05-12-2016 2/3 persons attempted to burn the informant's daughter but somehow his daughter came to his house.

Learned counsel for the petitioners submits that the petitioners are father-in-law, mother-in-law and unmarried sisterin-law of the deceased. The petitioners have no manner of concern with the family affairs of the deceased and her husband. The informant allege that on 24.05.2016 an attempt was made to burn the deceased but the deceased, herself, filed a petition before the Mahila Police Station, Supaul on 30.05.2016 and she did not allege that anybody burnt her but the informant alleged that his daughter got burn injuries and she was treated in burn hospital. It is further submitted that brother-in-law Pankaj Kumar has been granted bail vide order dated 19.10.2016 in Cr. Misc. No. 45488 of 2016. The case of the petitioners stands on same footing. The husband is in jail.

Learned counsel for the informant as well as learned APP opposed the prayer for bail of the petitioners. It is alleged that within 11⁄2 years of marriage the deceased was killed but it appears that the deceased was found hanging inside the room, the door was closed from inside and the informant and others came and broke the door. The present occurrence took place on 28.06.2016. There is no allegation

Patna High Court Cr.Misc. No.41557 of 2016 (3) dt.05-12-2016 3/3 against her father-in-law, mother-in-law and sister-in-law. The brother-in-law of the deceased has already been enlarged on bail. Considering the facts aforesaid, the petitioners above named, are directed to be enlarged on bail on furnishing bail bond of Rs. 10,000/- (Ten Thousand) with two sureties of the like amount each to the satisfaction of Chief Judicial Magistrate, Supaul, in Supaul P.S. Case No. 321 of 2016. (Prabhat Kumar Jha, J.) KKSINHA/- U T