Urmila Devi v. State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.10286 of 2021 Arising Out of PS. Case No.-121 Year-2020 Thana- MAJHAULIA District- West Champaran ====================================================== INDAL SAH S/O Jhapas Sah Resident Of Wakharia, Pokhara Tola, P.S. - Majhaulia, District - West Champaran.
... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== with CRIMINAL MISCELLANEOUS No. 4644 of 2021 Arising Out of PS. Case No.-121 Year-2020 Thana- MAJHAULIA District- West Champaran ====================================================== URMILA DEVI WIFE OF INDAL SAH RESIDENT OF VILLAGEWAKHARIA, POKHRA TOLA, PS- MAJHAULIA, DISTRICT- WEST CHAMPARAN ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
(In CRIMINAL MISCELLANEOUS No. 10286 of 2021) For the Petitioner/s :
Mr. Bimlesh Kumar Pandey, Advocate.
For the Opposite Party/s :
Md. Shakir Ahmad, APP For the Informant : Mr. Sanjeev Kumar, Advocate. (In CRIMINAL MISCELLANEOUS No. 4644 of 2021) For the Petitioner/s :
Mr. Bimlesh Kumar Pandey For the Opposite Party/s :
Mrs. Sunita Kumari Singh For the Informant : Mr. Sanjeev Kumar, Advocate. ====================================================== CORAM: HONOURABLE MR. JUSTICE ANJANI KUMAR SHARAN ORAL ORDER 04-01-2022 Heard learned counsel for the petitioners, learned counsel for the informant and the learned A.P.P. for the State through virtual Court proceedings.
Learned counsel for the petitioners undertakes to remove the defects, as pointed out by the office, within four
Patna High Court CR. MISC. No.10286 of 2021(4) dt.04-01-2022 2/3 weeks. In the eventuality of non-removal of defects within undertaken period, the office will place the matter before the Bench.
The petitioners apprehend their arrest in Majhaulia P.S. case No. 121 of 2020 registered for the offences punishable under Sections 304 B & 201/34 of the Indian Penal Code pending in the Court of learned Chief Judicial Magistrate, West Champaran at Bettiah.
Petitioners in association of other co-accused are said to have killed and disappeared the dead body of the daughter of the informant on non-fulfillment of dowry demand within one year of her marriage.
It is submitted by learned counsel for the petitioners that no such occurrence as alleged ever took place. Petitioners have been falsely implicated in this case as they are father-in-law and mother-in-law of the deceased. The allegation levelled against the petitioners is not specific rather general and omnibus in nature. There is no eye witness of the occurrence. The husband of the deceased is in custody. Petitioners have no criminal antecedent.
Per contra, learned counsel for the informant and learned APP for the State vehemently opposing the bail petition
Patna High Court CR. MISC. No.10286 of 2021(4) dt.04-01-2022 3/3 submitted that the petitioners in association of other co-accused have killed the daughter of the informant on non-fulfillment of demand of dowry within one year of her marriage, hence they do not deserve anticipatory bail.
Considering the facts and circumstances of case, I am not inclined to enlarge the petitioners on bail. The prayer for bail of the petitioners is hereby rejected. However, the petitioners are directed to surrender before the learned Court below within six weeks from today and seek regular bail and the learned Court below would pass order in accordance with law without being prejudiced by this order.
(Anjani Kumar Sharan, J) Trivedi/- U T