Butan Sah v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.33356 of 2020 Arising Out of PS. Case No.-45 Year-2020 Thana- PIYAR District- Muzaffarpur ====================================================== 1.

Butan Sah (Male-65 years), S/o Late Rijhan Sah, Resident of VillageKhanua, P.S-Piyar, District-Muzaffarpur. 2.

Bulli Devi @ Bhulli Devi (Female 63 years), W/o Butan Sah, Resident of Village-Khanua, P.S-Piyar, District-Muzaffarpur. ... ... Petitioner/s

Versus

The State of Bihar.

... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

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

Mrs. Pushpa Sinha, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR JHA ORAL ORDER 15-12-2020 Heard learned counsel for the petitioners and Mrs. Pushpa Sinha, the learned Additional P.P. through video conferencing.

The petitioners seek bail in Piar (Hattha O.P.) P.S. Case No.45 of 2020, registered under Sections 304(B) and 34 of the Indian Penal Code.

The informant alleged that he married his daughter with Manoj Sah, son of the petitioners, four years ago but Manoj Sah was always assaulting his daughter due to non-fulfillment of demand of dowry. On 17.02.2020, the informant got information that his daughter was done to death.

Learned counsel for the petitioners submits that the informant did not make any allegation against the petitioners of

Patna High Court CR. MISC. No.33356 of 2020(2) dt.15-12-2020 2/2 demand of dowry and torture. The petitioners are father-in-law and mother-in-law of the deceased. The informant made specific allegation that Manoj Sah, the husband of the deceased, was assaulting her due to non-fulfillment of demand of dowry and he was threatening the deceased to kill her but at the fag end of the FIR, the informant suspected that the petitioners also killed his daughter. Petitioners have no manner of concern with the family affairs of the deceased and her husband.

Taking into consideration the facts aforesaid and the nature of allegations made against the petitioners and the fact that the petitioners are father-in-law and mother-in-law of the deceased and they are in custody since 18.02.2020, petitioners, namely, Butan Sah and Bulli Devi @ Bhulli Devi are directed to be enlarged on bail on furnishing bail bonds of Rs.10,000/- (ten thousand) each with two sureties of the like amount each to the satisfaction of the learned Judicial Magistrate, 1st Class, Muzaffarpur in connection with Piar (Hattha O.P.) P.S. Case No.45 of 2020.

(Prabhat Kumar Jha, J) S.KUMAR/- U T