Bachcha Sah v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.54645 of 2024 Arising Out of PS. Case No.-53 Year-2022 Thana- BANIAPUR District- Saran ====================================================== 1.

Bachcha Sah Son of Late Babulal Sah Vill.- Bhakura Bhitti, P.S.- Baniyapur, Dist.- Saran, Bihar.

2.

Sunita Devi @ Sumita Devi Wife of Bachcha Sah Vill.- Bhakura Bhitti, P.S.- Baniyapur, Dist.- Saran, Bihar.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Adarsh Ranjan For the Opposite Party/s :

Mr.Satyendra Narayan Singh ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH ORAL ORDER 25-10-2024 Heard learned counsel for the petitioners and learned A.P.P. for the State.

2. The petitioners pray for bail in case registered for the offence under Sections 341, 323, 324, 326, 307, 504/34 of the Indian Penal Code and later on, Sections 302 and 120(B) of the Indian Penal Code were added.

3. As per prosecution case, on 26.12.2021, these petitioners, who are parents-in-law of deceased, assaulted her by fists & slaps due to non-fulfillment of demand of dowry. On 14.12.2021, these petitioners alongwith both Nanad (sister-inlaw) of deceased, poured kerosene oil on the deceased and set her on fire, as a result of which, during course of treatment, she died.

Patna High Court CR. MISC. No.54645 of 2024(3) dt.25-10-2024 2/2

4. Learned counsel for the petitioners that petitioner no. 1 is father-in-law, petitioner no. 2 is mother-in-law and have been falsely implicated in this case. They are separate in mess and property. He further submits that as per F.I.R. itself, specific accusation is against Nanad of the deceased. Petitioners are in custody since 05.04.2024.

5. However, learned A.P.P. for the State opposed the bail petition and submitted that there is specific and direct allegation against these petitioners of demanding dowry and committing torture to the deceased. These petitioners alongwith other co-accused killed the deceased by burning her. Postmortem report also corroborates the prosecution case.

6. Considering the nature of accusation, the prayer for bail of petitioners is rejected.

(Prabhat Kumar Singh, J) anay U T