Shambhu Sah And ANR v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No. 26895 of 2014 Arising out of P. S. Case No. - 27 Year - 2012 Thana - SAKRA District - MUZAFFARPUR ======================================================

1. Shambhu Sah, son of Achhey Lal Sah

2. Ghuruni Devi, wife of Achhey Lal Sah, Both resident of village - BajiRaut, Police Station - Sakra, District - Muzaffarpur .... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Kailash Nath Diwakar, Advocate For the Opposite Party/s : Mr. Anand Kishor Choudhary, A.P.P. ====================================================== CORAM: HONOURABLE MR. JUSTICE JITENDRA MOHAN SHARMA ORAL ORDER 29-01-2015 Heard the parties.

In this application for anticipatory bail the petitioners apprehend their arrest for the offence punishable under Section 304B/34 of the Indian Penal Code.

The petitioners are Dewar and mother-in-law of the deceased and it is alleged that due to non-fulfilment of demand of dowry by way of gold chain and motorcycle the daughter of the informant, who was married with Vishnudeo Sah, was done to death.

Submission in this case is that father-in-law has faced the trial and has been acquitted. A photo copy of the certified copy of the judgment of Sessions Trial No. 355 of 2013 has been filed in support of the contention.

The learned A.P.P. fairly submits that father-in-law

Patna High Court Cr.Misc. No.26895 of 2014 (7) dt.29-01-2015 2/2 has been acquitted and, as such, lenient view may be taken. Considering the submissions urged at the bar, going through the records and noticing that after contest the father-inlaw has been acquitted and the petitioners are Dewar and motherin-law, the petitioners, above named, in case of their arrest or surrender within two months from the date of receipt/production of a copy of this order shall be released on bail on execution of bail bonds of Rs.10,000/- (Ten Thousand) each with two sureties of the like amount each to the satisfaction of learned Additional Sessions Judge 5th, Muzaffarpur in connection with S. Tr. No. 355 of 2013 arising out of Sakra P.S. Case No. 27 of 2012, subject to the conditions as laid down in Section 438(2) of the Cr.P.C. Kundan (Jitendra Mohan Sharma, J.) U T