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Patna High CourtCR. MISC./39816/2017rejected

Shanker Sah And ANR v. The State Of Bihar

2017-09-20Mr. Justice Aditya Kumar Trivedi2 pages

Patna High Court Cr.Misc. No.39816 of 2017 (03) dt.20-09-2017

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.39816 of 2017 Arising Out of PS.Case No. -78 Year- 2016 Thana -BHANGWANPUR HAT District- SIWAN ======================================================

1. Shanker Sah, Son of Late Ram Narayan Sah, Resident of Village- Lahudi Kauria, Police Station- Bhagwanpur Hat, District- Siwan.

2. Rani Devi, Wife of Arun Sah, Resident of Village- Bhekhpurwa, Police Station- Pachrukhi, District- Siwan.

.... .... Petitioner/s

Versus

1. The State of Bihar.

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

For the Petitioner/s : Mr. Irshad Ahmad Khan-Advocate For the Opposite Party/s : Mr. Manoj Kumar - 1-A.P.P. ====================================================== CORAM: HONOURABLE MR. JUSTICE ADITYA KUMAR TRIVEDI ORAL ORDER 20-09-2017 Heard learned counsel for the petitioners as well as learned Additional Public Prosecutor.

It has been submitted on behalf of petitioners that petitioner no.2 is married sister-in-law (nanad) and her name has purposely been introduced in revengeful manner. It has also been submitted that no specific allegation has been attributed against petitioner no.2. In likewise manner, it has also been submitted that petitioner no.1 happens to be father-in-law having no direct nexus with the demand as well as torture, which ultimately cost life of the deceased. Furthermore, it has also been submitted that deceased died on account of accidental fire while she was cooking. So, submitted that it is a fit case wherein petitioners should be

Patna High Court Cr.Misc. No.39816 of 2017 (03) dt.20-09-2017 released on bail.

On the other hand, learned Additional Public Prosecutor opposed the prayer.

Informant, mother of deceased had filed written report disclosing therein that her daughter was being treated with cruelty for fulfilment of demand of dowry in lieu of motorcycle, which the sasuralwala of her daughter advanced soon after the marriage and in the aforesaid background, they committed dowry death of her daughter as well as also committed murder of a kid aged about two years. The co-villager of the petitioners has been examined under Para-74, 75 of the case diary, wherein they substantiated the allegation.

That being so, such inhuman activity wherein death of a minor kid aged about two years also been sacrificed on account of non-fulfilment of a greed, prayer for bail is rejected. (Aditya Kumar Trivedi, J) Vikash/- U T