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Patna High CourtCR. MISC./55034/2019rejected

Rajesh Sahani v. The State Of Bihar

2019-11-16Mr. Justice Prabhat Kumar Jha2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.55034 of 2019 Arising Out of PS. Case No.-467 Year-2018 Thana- NAUTAN District- West Champaran ====================================================== 1.

Rajesh Sahani, Male, aged about 25 years, Son of Chandirka Sahani, Resident of Village- Jagdishpur Malahi, Tola, Police Station- Jagdishpur, District- West Champaran.

2.

Chandrika Sahani, Male, aged about 50 years, Son of Manager Sahani, Resident of Village- Jagdishpur Malahi, Tola, Police Station- Jagdishpur, District- West Champaran.

3.

Sita Devi, Female, aged about 23 years, Wife of Rajesh Sahani, Resident of Village- Jagdishpur Malahi, Tola, Police Station- Jagdishpur, District- West Champaran.

... ... Petitioner/s

Versus

The State of Bihar.

... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Ram Kishun Prasad For the Opposite Party/s :

Mr.Ram Naresh Ray ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR JHA ORAL ORDER 16-11-2019 Heard both sides.

The petitioners apprehend their arrest in Nautan (Jagdishpur) P.S. Case No.467 of 2018, registered under Sections 304(B) and 34 of the Indian Penal Code.

The informant alleged that he solemnized the marriage of his sister on 21.06.2018 with Chandradeo Sahani. The informant gave Rs.3,00,000/- and a motorcycle besides other articles to the husband and other family members of the bridegroom but immediately after marriage, the petitioners and other family members began to demand Rs.2,00,000/- and started torturing his sister. The accused persons killed his sister and

Patna High Court CR. MISC. No.55034 of 2019(3) dt.16-11-2019 2/2 concealed her dead body.

Learned counsel for the petitioners submits that the petitioners are father-in-law, brother-in-law and sister-in-law of the deceased. The brother-in-law and father-in-law of the deceased had gone outside their house to earn their livelihood. They were not even present in the house. The petitioners had no knowledge about the death of the deceased but it appears from perusal of the FIR as well as the case diary that within three months from the date of marriage, the sister of the informant was done to death inside her in laws' house and her dead body was found in a bamboo bush situated behind the house of the petitioners. Petitioners are father-in-law, brother-in-law and sister-in-law of the deceased.

Since the deceased was killed within three months of her marriage due to non-fulfillment of additional demand of dowry, I am not inclined to enlarge the petitioners on anticipatory bail. Accordingly, the prayer for anticipatory bail of the petitioners is rejected.

(Prabhat Kumar Jha, J) S.KUMAR/- U T