Tuntun Sahani And ORS v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Miscellaneous No.46903 of 2016 Arising Out of PS.Case No. -298 Year- 2012 Thana -MINAPUR District- MUZAFFARPUR ======================================================
1. Tuntun Sahani Son of Late Ramswaroop Sahani.
2. Sakhiya Devi Wife of Sri Tuntun Sahani.
3. Lalbabu Sahani Son of Sri Tuntun Sahani.
4. Tara Devi Wife of Sri Lal Babu Sahani, All resident of Village Gosaipur Tengaraha Mal Toli P.S. Minapur District- Muzaffarpur. .... .... Petitioner/s
Versus
1. The State of Bihar .... .... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s : Mr. Pallava Vijeta For the Opposite Party/s :
====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR JHA ORAL ORDER 18-01-2017 Heard the learned counsel for the petitioners. Nobody appears on behalf of the State.
The petitioners apprehend their arrest in Minapur P.S. case No. 298 of 2012 under Section 302, 201,120B/34 of the Indian Penal Code.
The informant filed complaint petition on the basis of which the present FIR was registered. The informant alleged that her daughter, Nirmala Devi @ Minu Devi was married to Saheb Sahani, son of Tuntun Sahani, petitioner No.1, about 13 years ago. For last 4-5 years the accused persons were torturing her daughter. They were receiving money earn by her son-in-law. On
Patna High Court Cr.Misc. No.46903 of 2016 (3) dt.18-01-2017 2/3 12.08.2012 the informant got information that her daughter was killed and her dead body was disposed of.
The learned counsel for the petitioners submits that the informant got information on 12.08.2012 about the death of her daughter but she filed the case on 10.10.2012, after two months of the occurrence. During the course of investigation, the informant and her relatives were examined but they only suspected that petitioners must have killed the daughter of informant. The marriage was solemnized about 13 years ago and the petitioners, who are father-in-law, mother-in-law and other in-laws of the deceased, never subjected Nirmala Devi to any sorts of torture. The supervisory authority found that Nirmala Devi was running a society and she had taken money from different persons and that is why she left the house and fled away somewhere else. The petitioners are living separately.
Considering the fact that petitioners are father-in-law, mother-in-law and other in-laws of the deceased, the marriage was solemnized 13 years ago and save and except suspicion no tangible material is collected, the above named petitioners, in the event of their arrest or surrender before the learned court below within a period of four weeks from the date of receipt / production of a copy of this order, are directed to be enlarged on bail on
Patna High Court Cr.Misc. No.46903 of 2016 (3) dt.18-01-2017 3/3 furnishing bail bond of Rs. 10,000/- (Ten thousand) with two sureties of the like amount each to the satisfaction of the learned Chief Judicial Magistrate, Muzaffarpur in Minapur P.S. Case No. 298 of 2012, subject to the conditions as laid down under Section 438(2) of the Code of Criminal Procedure.
(Prabhat Kumar Jha, J) BKS/- U T