Jitendra Sah v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.54726 of 2019 Arising Out of PS. Case No.-72 Year-2019 Thana- HATHAURI District- Muzaffarpur ====================================================== 1.

Jitendra Sah S/o Late Achey Sah 2.

Anuradha Devi W/o Jitendra Sah Both R/o village- Sabila Vali Kalyanpur, P.S.- Hathauri, DistrictMuzaffarpur ... ... Petitioners

Versus

THE STATE OF BIHAR ... ... Opposite Party ====================================================== Appearance :

For the Petitioner/s :

Mr.Amit Kumar Rakesh For the Opposite Party/s :

Mr.Akshay Lal Pandit ====================================================== CORAM: HONOURABLE MR. JUSTICE ANJANI KUMAR SHARAN ORAL ORDER 18-11-2019 Heard learned counsel for the petitioners and learned Addl. Public Prosecutor for the State.

The petitioners are apprehending their arrest in connection with Hathauri P.S. Case No.72 of 2019 registered for the offence under Sections 304(B)/201/34 of the Indian Penal Code.

Accusation against the petitioners of torture for not fulfilling the demand of dowry and due to non-fulfilment of the same, they killed the daughter of the informant and disposed of her dead body.

It was submitted by learned counsel for the petitioners that petitioner no.1 is brother-in-law and petitioner no.2 is sisterin-law (Gotini) of the deceased. He submits that as a matter of

Patna High Court CR. MISC. No.54726 of 2019(4) dt.18-11-2019 2/2 fact, the daughter of the informant died due to accidental fire, which caught hold, while she was preparing food. He further submits that petitioners have falsely been made accused in the present case. It has been argued that similarly situated other accused persons have already been granted privilege of anticipatory bail vide order dated 24.09.2019 passed in Cr.Misc.No.60698 of 2019.

Learned Addl.Public Prosecutor has opposed the prayer for bail and submits that petitioners have killed the informant's daughter due to non-fulfilment of dowry. Considering the facts and circumstances of the case, let both the petitioners, above named, in the event of their arrest or surrender within a period of six weeks from the date of receipt of the order, be enlarged on bail on furnishing bail bond of Rs.10,000/-(ten thousand) each with two sureties of the like amount each to the satisfaction of learned Sub Judge-X-cumA.C.J.M.X, Muzaffarpur in connection with Hathauri P.S. Case No.72 of 2019, subject to conditions as laid down under Section 438(2) Cr.P.C.

(Anjani Kumar Sharan, J.) nawalkrs/- U T