Patna High CourtCR. MISC./23824/2016disposed

Ratiya Devi And ORS v. The State Of Bihar

2016-12-23Mr. Justice Sudhir Singh2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.23824 of 2016 Arising Out of PS.Case No. -234 Year- 2015 Thana -BARGANIA District- SITAMARHI ======================================================

1. Ratiya Devi, Wife of Chunchun Sahani.

2. Usha Devi, Wife of Sanjay Sahani.

3. Chunchun Sahani, son of Bhikhari Sahani. All R/o Village- Piprarhi Sultan PS Bairginia, District Sitamarhi.

.... .... Petitioners

Versus

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

For the Petitioners : Mr. Ashok Kumar Jha, Advocate. For the Opposite Party : Mr. Sanjay Kumar, A.P.P. ====================================================== CORAM: HONOURABLE MR. JUSTICE SUDHIR SINGH ORAL ORDER 23-12-2016 Heard learned counsel for the petitioners and learned counsel for the State.

The petitioners are apprehending their arrest in connection with Bairginia P.S. Case No. 234 of 2015 for the offences instituted under Sections 304(B) and 201/34 of the IPC. The prosecution story, in brief, is that the petitioners alongwith the husband of the deceased, namely, Sikindar Sahni, demanded money from the deceased in dowry and due to nonfulfilment of the demand, they committed the murder of the deceased and after concealing her dead body, fled away elsewhere. It is also alleged that the marriage of the deceased Binita Devi was solemnized with Sikindar Sahni on 03.05.2015 according to Hindu

Patna High Court Cr.Misc. No.23824 of 2016 (6) dt.23-12-2016 2/2 Customs.

It has been submitted on behalf of the petitioners that the petitioners have got no criminal antecedent. There is no allegation of tampering with the witnesses alleged against the petitioners. They have falsely been implicated in the present case. The petitioner no. 1 is the mother-in-law, petitioner no. 2 is the Gotani and petitioner no. 3 is the father-in-law of the deceased. They are separate in mess and property from the husband of the deceased. The husband of the deceased is in custody.

On behalf of the State, it has been submitted that the petitioners are named in the F.I.R.

Considering the aforesaid facts and circumstances, the provisional bail granted to the petitioners, vide order dated 15.07.2016, is hereby, confirmed.

U.K./- (Sudhir Singh, J) U T