Upendra Sah And ORS v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Miscellaneous No.26106 of 2017 Arising Out of PS.Case No. -30 Year- 2017 Thana -TEGHRA District- BEGUSARAI ======================================================
1. Upendra Sah, son of Gorelal Sah,
2. Runa Devi, wife of Upendra Sah, Both are resident of Village- Kiratpur, P.S.- Teghra, District- Begusarai.
3. Meena Devi, wife of Amit Sah & daughter of Upendra Sah, resident of Village- Kaviya, P.S.- Teghra, District- Begusarai but in the FIR it has wrongly been mentioned as residence of Village- Kiratpur. .... .... Petitioners
Versus
1. The State of Bihar.
.... .... Opposite Party ====================================================== Appearance :
For the Petitioner/s : Mr. Babita Kumari For the Opposite Party/s : Mr. Md. Anzarul Haque Sahara ====================================================== CORAM: HONOURABLE MR. JUSTICE RAJENDRA KUMAR MISHRA ORAL ORDER 08-09-2017 Heard learned counsel for the petitioners and the learned A.P.P. for the State.
The petitioners apprehend their arrest in connection with Teghra P.S. Case no. 30 of 2017, registered under Sections 304(B) and 201/34 of the Indian Penal Code.
The allegation of informant Kranti Devi is that she performed the marriage of her daughter Manisha Devi with Dheeraj Sah, son of petitioner Nos. 1 and 2. Thereafter, her son-in-law Dheeraj Sah started torturing to her daughter due to non-fulfillment of demand of motorcycle. On 23.01.2017, petitioner No.1 gave information on mobile to Sabdesh Sah husband of informant about illness of Manisha Devi. Thereafter, uncle of Manisha Devi and other villagers went to
Patna High Court Cr.Misc. No.26106 of 2017 (3) dt.08-09-2017 2/2 village Kirtol then house was found lock. The informant raised suspicion about committing murder of her daughter due to nonfulfillment of demand of dowry and dispose of her dead body. Learned counsel for the petitioners submits that petitioner No.1 and 2 are father-in-law and mother-in-law, whereas petitioner No.3 is married Nanad of the deceased and all are living separately with Dheeraj Sah, husband of the deceased, but with ulterior motive the petitioners have also been implicated in this case only to put undue pressure. Further submission is that in case diary, which is upto paragraph 48, no specific over act have been attributed against the petitioners showing their involvement in torture, demand of dowry and killing of daughter of the informant.
Having regard to the facts and circumstances of the case, let the above named petitioners, be released on bail, in the event of their arrest or surrender before the learned Court below within a period of four weeks from today, on furnishing bail bond of Rs. 10,000/- (ten thousand) each with two sureties of the like amount each to the satisfaction of the Chief Judicial Magistrate, Begusarai in connection with Teghra P.S. Case No. 30 of 2017, subject to the condition as laid down under Section 438 (2) of the Cr.P.C.
(Rajendra Kumar Mishra, J) manish/- U T