Umesh Sah v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.36685 of 2020 Arising Out of PS. Case No.-233 Year-2018 Thana- BARURAJ District- Muzaffarpur ====================================================== 1.

UMESH SAH SON OF LATE INDRADEV SAH RESIDENTS OF VILLAGE HARNAHI LAXMINIYA, PS- BARURAJ, DISTRICTMUZAFFARPUR 2.

RAMESH SAH SON OF LATE INDRADEV SAH RESIDENT OF VILLAGE- HARNAHI LAXMINIYA, PS- BARURAJ, DISTRICTMUZAFFARPUR. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Manoj Kumar, Adv.

For the Opposite Party/s :

Mr.Bharat Lal, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE ANJANI KUMAR SHARAN ORAL ORDER 06-12-2021 Heard the parties.

The petitioners apprehend their arrest in a case in connection with Baruraj P.S. Case No.233 of 2018, registered for the offence punishable under Sections 304(B), 201, 120(B)/34 of the Indian Penal Code.

The prosecution case in short is that informant's daughter has been killed by the petitioners and others in her matrimonial home, on account of non-fulfillment of demand of dowry. It is submitted by learned counsel for the petitioners that the petitioners are quite innocent and have committed no offence. They have been falsely implicated in this case. No such occurrence, in the manner as alleged ever took place. Petitioners

Patna High Court CR. MISC. No.36685 of 2020(5) dt.06-12-2021 2/2 are the brothers-in-law of the deceased and are living separately from their brother, who is the husband of the deceased. During the deposition of witnesses in Sessions Trial No.52/19, the informant was examined, who clearly stated that his daughter died due to attack of apoplexy and he was present at the time of cremation and he also stated that except his daughter and her mother-in-law, all the family members were living at Punjab at the time of occurrence. It is submitted that there is a settlement between the parties and the petitioners have no criminal antecedent. Learned APP for the State opposed the prayer for bail.

Having regard to the facts and circumstances of the case, let the above named petitioners, be released on bail, in the event of their arrest or surrender before the learned Court below within a period of six weeks from today, on furnishing bail bond of Rs. 25,000/- (Rupees Twenty Five Thousand) each with two sureties of the like amount each to the satisfaction of the learned court below where the case is pending/Successor Court in connection with Baruraj P.S. Case No.233 of 2018, subject to the conditions as laid down under Section 438(2) of the Cr.P.C.