Jimedar Sah And ANR v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.800 of 2016 Arising Out of PS.Case No. -66 Year- 2015 Thana -DESARI District- VAISHALI(HAJIPUR) ======================================================

1. Jimedar Sah S/o Late Dnichit Sah

2. Pradeep Sah, S/o Late Mohan Sah Both Resident of village- Dumari, P.S.- Desari (Sahdei Bujurg), District- Vaishali .... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Dharmendra Kumar Paswan, Adv. For the Opposite Party/s : Mr. U.L.Verma(App) ====================================================== CORAM: HONOURABLE MR. JUSTICE DINESH KUMAR SINGH ORAL ORDER 06-01-2016 Heard learned counsels for the petitioner and the State. The petitioners are apprehending arrest in a case registered for the offences punishable under Sections 498A, 304B and 201/34 of the Indian Penal Code.

The accusation is of killing the daughter of the informant after about two years of the marriage for non-fulfillment of the dowry demand. It is specifically alleged that the daughter of the informant went traceless from her husband's house. It is submitted by learned counsel for the petitioners that though, the petitioners have been described as cousin father-in-law of the victim but the petitioners are simply co-villagers of the husband of the victim, statement to that effect has been made in para 7 of the petition which reads as follows:-

Patna High Court Cr.Misc. No.800 of 2016 (2) dt.06-01-2016 "That it is stated that the petitioners are merely covillagers and has no direct relation with the family of accused no.1 who is the husband of the informant's daughter, neither petitioners have any role in alleged offence."

It is further submitted that the husband of the victim has also filed complaint case alleging that his wife went traceless from her parents' house.

Considering the fact that the thrust of accusation is against the husband and close family members of the husband of the victim, let the above named petitioners be released on anticipatory bail, in the event of arrest or surrender before the learned Court below within a period of 12 weeks from today, on furnishing bail bond of `10,000/- (ten thousand) each with two sureties of the like amount each to the satisfaction of the learned C.J.M., Vaishali at Hajipur in connection with Desari P.S. Case No. 66 of 2015, subject to the conditions as laid down under Section 438(2) Cr.P.C.

(Dinesh Kumar Singh, J) Amrendra/- U T