Shiv Shankar Sah v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.65968 of 2024 Arising Out of PS. Case No.-380 Year-2023 Thana- SAHPUR District- Bhojpur ====================================================== 1.

Shiv Shankar Sah, aged about 65 years, Gender-Male, S/O Jhalku Sah, Resident of village- Jawaniya, P.S.- Shahpur, Dist.- Bhojpur (Arrah). 2.

Fulkali Devi, aged about 60 years, Gender-Female, W/O Shiv Shankar Sah, Resident of village- Jawaniya, P.S.- Shahpur, Dist.- Bhojpur (Arrah). ... ... Petitioners

Versus

1.

The State of Bihar.

2.

Lall Jee Sah, Male, S/O Hare Ram Sah, Resident of village- Chandrapura, P.S.- Brahampur, Dist.- Buxar.

... ... Opposite Parties ====================================================== Appearance :

For the Petitioners :

Mr. Chandan Kumar Verma, Advocate For the State :

Mr. Surendra Prasad Singh, A.P.P.

====================================================== CORAM: HONOURABLE MR. JUSTICE CHANDRA PRAKASH SINGH ORAL ORDER 16-12-2024 Heard learned counsel for the petitioners and learned A.P.P. for the State.

2. The petitioners seek bail in connection with Shahpur (Bahoranpur) P.S. Case No. 380 of 2023 dated 20.08.2023 registered for the offences punishable under Sections 304B and 341 of the I.P.C.

3. As per the prosecution case, the petitioners and the co-accused persons are alleged to have killed the informant's daughter due to non-fulfilment of demand of dowry.

Patna High Court CR. MISC. No.65968 of 2024(3) dt.16-12-2024 2/3

4. Learned counsel for the petitioners has submitted that the petitioners are innocent and have falsely been implicated in the present case. The petitioners neither tortured nor demanded any dowry from the deceased. The petitioner no. 1 is the father-in-law and the petitioner no. 2 is the mother-inlaw of the deceased. They are separate in mess and property from the husband of the deceased. They have no concern with the alleged offence. It is further submitted that the real fact is that the informant's daughter was mentally ill and she has committed suicide by hanging herself. It is further submitted that the informant knew about the real fact of the occurrence, he filed a compromise petition in the learned court below as stated in paragraph no. 10 of the bail petition. The husband of the deceased is in custody. The petitioners have clean antecedent as stated in paragraph no. 3 of the bail application. The petitioners are in custody in this case since 09.04.2024.

5. Learned A.P.P. for the State has opposed the prayer for bail petition of the petitioners.

6. Considering the aforesaid facts and circumstances of the case, let the above named petitioners, be enlarged on bail on furnishing bail bond of Rs. 20,000/- (Rupees Twenty Thousand) each with two sureties of the like amount each to the satisfaction

Patna High Court CR. MISC. No.65968 of 2024(3) dt.16-12-2024 3/3 of the learned A.C.J.M.-Ist, Bhojpur (Arrah) in connection with Shahpur (Bahoranpur) P.S. Case No. 380 of 2023.

7. The application stands allowed.

(Chandra Prakash Singh, J) U.K./- U T