Bhagirath Sah And ORS v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.217 of 2017 Arising Out of PS.Case No. -28 Year- 2016 Thana -CHANDMUNDI District- JAMUI ======================================================

1. Bhagirath Sah, son of Late Panchu Sah @ Panchu Saw

2. Hakim Sah son of Late Panchu Sah @ Panchu Saw

3. Kusum Sah S/o Late Panchu Sah @ Panchu Saw All residents of Village - Dharhara, Police Station - Chandramandih, District - Jamui. .... .... Petitioners

Versus

The State of Bihar.

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

For the Petitioner/s : Mr. Brajesh Sahay For the Opposite Party/s : Mr. Satyadev Prasad Singh Yadav ====================================================== CORAM: HONOURABLE MR. JUSTICE RAJENDRA KUMAR MISHRA ORAL ORDER 13-01-2017 Heard learned counsel for the petitioners and the learned A.P.P. for the State.

The petitioners are accused in connection with Chandramandih P.S. Case No. 28 of 2016, registered under Section 302, 328 and 120(B) of the Indian Penal Code. The accusation is that before 16 years, the marriage of the sister of the informant was performed with one Pakodi Sah and after the marriage, the sister of the informant was being tortured for demand of dowry by her husband and other in-laws and due to that reasons, sister of the informant lodged Chandramandih P.S. Case No. 92 of 2010 and Jamua P.S. Case No. 280 of 2010, but after compromise, sister of the informant

Patna High Court Cr.Misc. No.217 of 2017 (2) dt.13-01-2017 2/2 returned to her matrimonial house and in spite of that she was being tortured and her husband performed his re-marriage with Rashmi Devi. On 24.04.2016, in the evening, the informant received information regarding death of his sister. Then he went to the sasural of her sister and found that his sister has been died after eating poisonous food. Thereafter, informant raised suspicion about administering the poison to her sister by her husband and the other in-laws.

Learned counsel for the petitioners submits that petitioners are brother of the husband of the deceased and used to reside separately with the deceased and her husband. Further submission is that petitioners have falsely been implicated in this case and they are in custody since 11.11.2016. Having regard to the facts and the circumstances of the case, the petitioners, above named, are directed to be released on bail on furnishing bail bond of Rs.10,000/-(Rupees Ten Thousand) each with two sureties of the like amount each to the satisfaction of ACJM, Jamui in connection with Chandramandih P.S. Case No. 28 of 2016.

(Rajendra Kumar Mishra, J) manish/- U T