Anil Sah And ORS v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.61757 of 2017 Arising Out of PS. Case No.-100 Year-2017 Thana- SONBERSA District- Sitamarhi ======================================================

1. Anil Sah,

2. Vishwajit Sah Both Sons of Late Sitasaran Sah,

3. Dilip Sah @ Dilip Kumar S/o Ram Kripal Sah, All R/o VillagePurandaha Rajwara, P.S.- Sonbarsa, District- Sitamarhi. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Prabhat Kumar For the Opposite Party/s :

Mr. SRI NITYANAND ====================================================== CORAM: HONOURABLE MR. JUSTICE DINESH KUMAR SINGH ORAL ORDER 21-12-2017 Heard learned counsel for the parties.

The petitioners are apprehending arrest in a case registered for the offences punishable under sections 304B and 201/34 of the IPC.

The prosecution case as per the Fardbeyan of Chandeshwar Sah recorded by the S.I. of Sonbarsa Police Station on 24.4.2017 at 2.10 P.M. is to the effect that on the same day at 9 A.M. the informant received information that the house of the in-laws of the informant's daughter is closed as every body has left the house. The informant sent his son at the in-laws' house of his daughter, who returned with information that the daughter of the informant, namely,

Patna High Court Cr.Misc. No.61757 of 2017(2) dt.21-12-2017 2/3 Poonam Devi has been killed. The specific case of the informant is that his daughter was married with Sanjeev Sah about five years prior to the lodging of the case but subsequently the accused persons started inflicting torture for non-fulfillment of dowry demand. It is alleged against the petitioners being neighbours of the in-laws of informant's daughter that they participated in disposal of the dead body.

It is submitted by learned counsel for the petitioners that even assuming the accusation, at best, a case under section 201 of the IPC is made out, which is bailable. This is admitted position that the petitioners are only neighbour of the in-laws of informant's daughter.

It is submitted learned APP that the petitioners are also named in the FIR.

Considering the fact that thrust of accusation is against the in-laws of the informant's daughter, let the petitioners above named be released on anticipatory bail in the event of arrest or surrender within 12 weeks on furnishing bail bond of Rs.10,000/- (ten thousand) each with two sureties of the like amount each to the satisfaction of the learned ACJM-

Patna High Court Cr.Misc. No.61757 of 2017(2) dt.21-12-2017 3/3 IV, Sitamarhi in connection with Sonbarsa P.S. Case No.100 of 2017.

(Dinesh Kumar Singh, J) anil/- U