Sheojee Dasil @ Sadhu Jee And ANR v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.48456 of 2015 Arising Out of PS.Case No. -84 Year- 2007 Thana -SARAN GRP CASE District- SARAN ======================================================

1. Sheojee Dasil @ Sadhu Jee Son of Late Mahabir Rai,

2. Ram Sakhi Devi, W/o Sheo Jee Dasil @ Sadhujee, Both resident of Mohalla - Shyam Chak, P.S. - Bhagwan Bazar, District - Saran. .... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Sushil Kumar Singh, Adv. For the Opposite Party/s : Mr. Gauri Shankar Gupta (App) ====================================================== CORAM: HONOURABLE MR. JUSTICE ADITYA KUMAR TRIVEDI ORAL ORDER 10-11-2015 Heard learned counsel for the petitioners as well as learned Additional Public Prosecutor.

It happens to be a case of dowry death whereunder deceased was done to death on account of non-fulfillment of demand of dowry to a tune of Rs.1,00,000/-.

It has been submitted on behalf of petitioners that they were not sent up for trial however differing therefrom, the learned lower court took cognizance against which quashing was filed. After rejection of the aforesaid petition, petitioners have prayed for grant of anticipatory bail under Cr. Misc. No.25432 of 2009 and the same was rejected. It has also been submitted that husband is under custody and Bhaisur of deceased had already been granted bail vide Cr. Misc. No.17522 of 2015. Another coaccused have been granted bail vide Cr. Misc. No.39188 of 2015. So submitted that petitioners should also be released on bail.

Patna High Court Cr.Misc. No.48456 of 2015 (2) dt.10-11-2015 The learned Additional Public Prosecutor opposed the prayer.

After perusal of order passed under Cr. Misc. No.17522 of 2015 (Annexure-3 Series), it is evident from paragraph 35 of the case diary which contains statement of mother of deceased it is apparent that demand was made by the husband as well as mother-in-law. Petitioner no.2 is the mother-in-law and on account thereof, prayer of bail of petitioner no.2 is rejected. So far petitioner no.1 Sheojee Dasil @ Sadhu Jee is concerned, he is directed to be released on bail on furnishing bail bonds of Rs.10,000/-(ten thousand) with two sureties of the like amount each, to the satisfaction of learned Judicial Magistrate, Railway, Sonepur Chapra, Saran in connection with Chapra GRP Case No.84 of 2007.

(Aditya Kumar Trivedi, J.) PN/- U T