Binod Sah @ Binod Sao v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.33739 of 2023 Arising Out of PS. Case No.-472 Year-2022 Thana- KHIJARSARAI District- Gaya ====================================================== 1.
Binod Sah @ Binod Sao, Son Of Thakur Saw, Resident Of Village- Horma, Ps- Khizersarai, Distt- Gaya 2.
Sushama Devi, Wife Of Binod Sah @ Binod Sao, Resident Of VillageHorma, Ps- Khizersarai, Distt- Gaya ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Anuj Kumar, Advocate For the State :
Mr. Satyendra Narayan Singh, APP For the Informant :
Mr. Shambhu Narayan Singh, Advocate Mr. Suraj Kumar Tiwari, Advocate ====================================================== CORAM: HONOURABLE MR. JUSTICE ARUN KUMAR JHA ORAL ORDER 21-07-2023 Heard learned counsel for the petitioners and learned APP for the State as well as learned counsel for the informant.
2. In this present case, the petitioners are apprehending their arrest in connection with Khizersarai P.S. Case No. 472 of 2022, registered on 21.12.2022 for the offences under Sections 304(B) and 201/34 of the Indian Penal Code.
3. As per prosecution case, the daughter of the informant was married with co-accused Kaushal Kumar, the son of the petitioners on 09.07.2022. The allegation against the petitioners is that they along with other co-accused persons have been demanding two kathas of land valued at Rs. 30,00,000/- and when the land was not transferred in their name, they used
Patna High Court CR. MISC. No.33739 of 2023(2) dt.21-07-2023 2/3 to abuse and assault the daughter of the informant. The daughter of the informant was pregnant and further allegation against the petitioners is that they killed and burnt her dead body.
4. Learned counsel for the petitioners submits that the petitioners are innocent and have been falsely implicated in this case. Petitioners are parents-in-law of the deceased. The petitioner no.1 runs a small general store in village and he has no concern with day-to-day life of his son. The daughter-in-law of the petitioners was suffering from mental illness and was under treatment and committed suicide. After having given the information to the family members of the deceased, the dead body was cremated. The allegations against the petitioners are mostly general and omnibus. The husband of the deceased is in custody.
5. Learned APP as well as learned counsel for the informant oppose the submissions made on behalf of the petitioners. Learned counsel for the informant submits that there is specific allegation against the petitioners and the death occurred within seven years of marriage and the petitioners and co-accused persons killed and burnt the dead body of the daughter of the informant.
6. Having regard to the facts and circumstances and
Patna High Court CR. MISC. No.33739 of 2023(2) dt.21-07-2023 3/3 submissions made on behalf of the parties and considering the grave and serious nature of allegation against the petitioners, I do not think it is a fit case for grant of anticipatory bail.
7. Hence, their prayer for anticipatory bail is rejected. (Arun Kumar Jha, J) balmukund/- U T