Patna High CourtCR. MISC./13564/2017rejected

Jiwachh Chourasiya And ANR v. The State Of Bihar

2017-04-26Mr. Justice Jitendra Mohan Sharma2 pages

Patna High Court Cr.Misc. No.13564 of 2017 (3) dt.26-04-2017

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.13564 of 2017 Arising Out of PS.Case No. -145 Year- 2016 Thana -BELA District- SITAMARHI ======================================================

1. Jiwachh Chourasiya Son of Jageshwar Chourasiya

2. Yashoda Devi wife of Jiwachh Chourasiya Both Resident of Village- Sirsiya Bazar, P.S.Bela, District- Sitamarhi. .... .... Petitioners

Versus

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

For the Petitioner/s : Mr. Pushpendra Kumar Singh For the Opposite Party/s : Mr. Md. Sufiyan ====================================================== CORAM: HONOURABLE MR. JUSTICE JITENDRA MOHAN SHARMA ORAL ORDER 26-04-2017 Heard learned counsel for the petitioners and learned counsel representing the State.

Petitioners apprehend their arrest in connection with Bela P.S. Case No. 145 of 2016 registered for the offences punishable under Sections 304B, 201/34 of the Indian Penal Code. Allegedly, the petitioners being father-in-law and motherin-law along with Dewars killed the deceased and made the dead body traceless. The husband is not the accused. Submission is of false implication and that the petitioners have got no concern with the family affairs of the deceased and her husband, they are living separately, they are old father-in-law and mother-in-law and as such they deserve sympathetic consideration.

Learned APP opposes the prayer of bail by submitting that

Patna High Court Cr.Misc. No.13564 of 2017 (3) dt.26-04-2017 the petitioners and Dewars have killed the deceased in absence of the husband and they used to torture the deceased and further made the dead body traceless and the witnesses during investigation have supported the prosecution version. In the facts and circumstances stated above, considering the allegation attributed against the petitioners, this Court is not persuaded to grant the privilege of pre-arrest bail to the petitioners, accordingly, their such prayer stands rejected. (Jitendra Mohan Sharma, J) avin/- U T