Sheikh Nanhak And ORS v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.49835 of 2018 Arising Out of PS. Case No.-136 Year-2018 Thana- TURKAULIYA District- East Champaran ====================================================== 1.

Sheikh Nanhak, Son of Late Sukhari, 2.

Sheikh Kashim, Son of Seikh Nanhak, 3.

Fakre Alam, Son of Seikh Nanhak, 4.

Dhuniya Khatoon, Wife of Seikh Nanhak. All are resident of VillageJenerwa Bazar Tola, P.S.- Banjariya, District- East Champaran. ... ... Petitioners

Versus

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

For the Petitioners :

Mr.Shakti Suman Kumar, Advocate.

For the Opposite Party :

Mrs.Dr. Indiwar Kumari, A.P.P.

====================================================== CORAM: HONOURABLE MR. JUSTICE SUDHIR SINGH ORAL ORDER 22-04-2019 Heard learned counsels for the petitioners, informant and learned A.P.P. for the State.

The petitioners are languishing in custody since 08.05.2018 in a case for the offence registered under Sections 302/34 of the IPC.

The prosecution story, in brief, is that the daughter of the informant Ashagari Khatoon was married with Sheikh Hasim 15 years ago and after one year of her married all the F.I.R. named accused persons started demanding Rs. 1,00,000/- in cash and a milky buffalo and due to not fulfilling the said demand, they started torturing her by different ways. After birth

Patna High Court CR. MISC. No.49835 of 2018(5) dt.22-04-2019 2/3 of one son and three daughters, his son-in-law Sheikh Hashim died five years ago. Thereafter, his daughter was being tortured by her in-laws for further dowry demand by different ways. On 05.03.2018, the informant was informed about murder of his daughter by her in-laws at her Sasural. At this information when the informant went to her Sasural where he found all the in-laws members absent after closing the house. The informant was informed by the villagers that due to non-fulfilment of dowry demand, his daughter was killed by her in-laws members and they are absconding. The informant became confident that her daughter was murdered due to non-fulfilment of further dowry demand by all the F.I.R. named accused persons under a conspiracy.

It has been submitted by learned counsel for the petitioners that the petitioners have got no criminal antecedent. Charge sheet has been submitted in the present case. There is no allegation of tampering with the witnesses alleged against the petitioners. The petitioner no.1 is father-in-law, petitioner nos. 2 and 3 are brothers-in-law and petitioner no. 4 is the mother-inlaw of the deceased. They are separate in mess and property from the husband of the deceased. There is no eye witness to the alleged occurrence. As per postmortem report, there is injury on

Patna High Court CR. MISC. No.49835 of 2018(5) dt.22-04-2019 3/3 the little finger and middle finger of the deceased. The same is not sufficient for cause of death. The Viscera report has been received. It is not a case of poisoning.

On behalf of the learned counsels for the State and informant, it has been submitted that the petitioners are named in the F.I.R.

Considering the aforesaid facts and circumstances, let the petitioners above named, be released 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 J.M. Ist Class, East Champaran, Motihari, in connection with Turkauliya (Banjariya) P.S. Case No. 136 of 2018.

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