Binod Sah @ Vinod Sah v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.31283 of 2020 Arising Out of PS. Case No.-161 Year-2019 Thana- DUMRA District- Sitamarhi ====================================================== 1.

BINOD SAH @ VINOD SAH Son of Late Ram Surat Sah Resident of Village- Prem Nagar, P.S.- Runni Saidpur, District- Sitamarhi 2.

Murari Sah Son of Binod Sah @ Vinod Sah Resident of Village- Prem Nagar, P.S.- Runni Saidpur, District- Sitamarhi. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Birendra Kumar, Advocate For the Opposite Party/s :

Mr.Kanhaiya Kishore, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE SUDHIR SINGH ORAL ORDER 15-01-2021 Learned counsel for the petitioners is directed to remove the defects, as pointed out by the office, within a period of four weeks.

Heard learned counsel for the petitioners and learned APP for the State.

The petitioners seek bail in a case registered under Sections 304(B)/34 of the Indian Penal Code.

Allegation is that the accused persons including the petitioners caused death of the daughter of the informant due to nonfulfilment of demand of dowry. It has been submitted on behalf of the petitioners that the petitioners are in custody since 03.05.2019 and 07.05.2019 respectively and have got no criminal antecedent. Charge sheet has

Patna High Court CR. MISC. No.31283 of 2020(3) dt.15-01-2021 2/2 been submitted in this case. There is no allegation of tampering of witnesses alleged against the petitioners. The petitioners have falsely been implicated in this case. The petitioner No.1 is the father-in-law of the deceased and petitioner No.2 is the husband of the deceased. The petitioner No.1 is separate in mess and property from the husband of the deceased.

On behalf of the State, it is submitted that the petitioners are named in the F.I.R. The petitioner No.2 is the husband of the deceased and the onus is on him to explain the cause of death of the deceased.

Considering the aforesaid facts and circumstances, let the petitioner No.1, above named, be released on bail on furnishing bail bonds of Rs.10,000/- (Ten thousand) with two sureties of the like amount each to the satisfaction of A.D.J. X, Sitamarhi in connection with Sessions Trial No.53 of 2020 arising out of Dumra P.S. case No.161 of 2019.

So far the petitioner No.2 is concerned, his prayer for bail is rejected.

(Sudhir Singh, J) Narendra/- U T