Gauri Shankar Sah And ANR v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.54887 of 2016 Arising Out of PS.Case No. -110 Year- 2016 Thana -LAURIYA DistrictWESTCHAMPARAN(BETTIAH) ======================================================

1. Gauri Shankar Sah

2. Prakash Sah. Both are sons of Late Sukdeo Sah, Resident of Village - Sahadatpur, Police Station - Lauriya , District- West Champaran .... .... Petitioner/s

Versus

1. The State of Bihar .... .... Opposite Party/s ====================================================== with Criminal Miscellaneous No.55357 of 2016 Arising Out of PS.Case No. -110 Year- 2016 Thana -LAURIYA DistrictWESTCHAMPARAN(BETTIAH) ====================================================== Maman Sah @ Manan Sah, S/o late Kanchan Sah, r/v- Fulwaria, P.S.- Lauriya, District- West Champaran.

.... .... Petitioner

Versus

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

(In Cr.Misc. No.54887 of 2016) For the Petitioner/s : Mr. Sanjay Kumar No.-7 For the Opposite Party/s : Mr. Sri Jagdhar Prasad (In Cr.Misc. No.55357 of 2016) For the Petitioner/s : Mr. Anand Kishore Choudhary For the Opposite Party/s : Mr. Sri Humayou Ahmad Khan ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR JHA ORAL ORDER 27-02-2017 Heard both sides.

The petitioners seek bail in Lauriya P.S. Case No. 110/2016, registered for the offences punishable under Sections 302, 201 and 34 of the Indian Penal Code.

The informant named as many as 12 persons in the FIR and alleged that his daughter, who was married 10 years ago with

Patna High Court Cr.Misc. No.54887 of 2016 (3) dt.27-02-2017 2/2 Jitan Sah, was burnt to death by all the accused persons and they caused disappearance of the dead body to screen out the evidence. Learned counsels for the petitioners submit that petitioner Gauri Shankar Sah is son-in-law of the uncle of the husband of the deceased and petitioner Prakash Sah is brother of Gauri Shankar Sah. Petitioner Maman Sah @ Manan Sah is father-in-law of the deceased. It is submitted that there is no eye-witness of the occurrence. The deceased herself fled away from the house. Her dead body was found in a canal and she died due to asphyxia on account of drowning into water.

Considering the facts aforesaid and the fact that the deceased was married with Jitan Sah ten years ago and during ten years nobody complained about ill-treatment caused by the petitioners, petitioners are son-in-law of uncle of the husband of the deceased, brother of Gauri Shankar Sah and father-in-law of the deceased, the petitioners above named are directed to be enlarged on bail on furnishing bail bond of Rs. 10,000/- (Ten Thousand) each with two sureties of the like amount each to the satisfaction of the learned Chief Judicial Magistrate, Bettiah, West Champaran in connection with Lauriya P.S. Case No. 110/2016. (Prabhat Kumar Jha, J.) Rakhi U T