Patna High CourtCR. MISC./15992/2015bail granted

Upendra Sah And ORS. v. The State Of Bihar

2015-06-30Mr. Justice Prabhat Kumar Jha2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.15992 of 2015 Arising Out of PS.Case No. -280 Year- 2014 Thana -KARAHGAR District- SASARAM (ROHTAS) ======================================================

1. Upendra Sah

2. Raj Kumar Sah, Both are sons of Sambhu Sah,

3. Sambhu Sah, Son of Late Sacha Sah,

4. Monaka Devi, Wife of Sambhu Sah, null

5. Mamta Devi, Wife of Upendra Sah, All are resident of vill - Sahar Medini, P.s. - Kargahar (Sidhi), District - Rohtas. .... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Ashok Kumar Pandey For the Opposite Party/s : Mr. Navin Kr.Panday (App) ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR JHA ORAL ORDER 30-06-2015 Heard both sides.

The petitioners apprehend their arrest in connection with Kargahar (Sidhi) P.S.Case No.280 of 2014 registered under section 304B, 120B and 201 of the IPC.

Petitioners are brothers-in-law, father-in-law, mother-in-law and sister-in-law of the deceased. The father of the deceased made allegation that his daughter was married with Tulsi Sah on 2.6.2013 but her husband and other family members started torturing her daughter for demand of dowry. His daughter was killed on 9.8.2014.

It is submitted that the informant participated in the cremation but did not raise any objection and after cremation, the informant filed complaint case on 11.8.2014. There is no specific allegation against the petitioners.

Considering the facts that the petitioners are in-laws

Patna High Court Cr.Misc. No.15992 of 2015 (4) dt.30-06-2015 2/2 of the deceased, and the informant himself participated in the cremation of his daughter, but he did not lodge the case before or immediately after the cremation, the petitioners, named above, in the event of their arrest/surrender before the court below within four weeks from the date of receipt/production of a copy of this order, are directed to be enlarged on bail on furnishing bail bond of Rs.10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of the Chief Judicial Magistrate, Rohtas at Sasaram in connection with Kargahar (Sidhi) P.S.Case No.280 of 2014, subject to the condition as laid down under section 438(2) of the Cr.P.C.

(Prabhat Kumar Jha, J) ahk/- U T