Sri Prasad Sah v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.66560 of 2022 Arising Out of PS. Case No.-66 Year-2022 Thana- SARSI District- Purnia ====================================================== 1.

SRI PRASAD SAH Son of Late Fulo Sah Resident of village - Shihali, Police Station - Sarsi, District - Purnea.

2.

Mithu Sah Son of Sri Prasad Sah Resident of village - Shihali, Police Station - Sarsi, District - Purnea.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Vikram Singh For the Opposite Party/s :

Mr.Md. Ataur Rahman ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL KUMAR PANWAR ORAL ORDER 28-03-2023 Heard learned counsel for the petitioners, learned counsel for the informant and learned APP for the State. The petitioners have prayed for bail in a case instituted for the offence under Sections 328, 304(B) of the Indian Penal Code.

As per allegation in the FIR, petitioners have tortured in various ways to the daughter of the informant due to nonfulfillment dowry demand and ultimately they killed her by administering her poison.

Learned counsel appearing on behalf of the petitioners has submitted that petitioner no. 1 is father-in-law and petitioner no. 2 is brother-in-law of the deceased and have been falsely

Patna High Court CR. MISC. No.66560 of 2022(3) dt.28-03-2023 2/2 implicated in this case. They have never demanded any thing from the deceased. In fact, deceased herself consumed poison after hot altercation with her husband. The sole responsibility to take care of wife is upon husband and not upon his family members. Husband is in jail. Petitioners are languishing in judicial custody since 6.6.2022.

The application for bail is opposed by learned APP for the State.

Having heard learned counsel for the parties and considering the facts and circumstances of the case, this court is inclined to enlarge the petitioners on bail. The above named petitioners are directed to be enlarged on bail on furnishing bail bond of Rs. 10,000/- (Rs. ten thousand only) each with two sureties of the like amount each to the satisfaction of the learned CJM, Purnea in connection with Sarsi P.S. Case No. 66 of 2022. (Sunil Kumar Panwar, J) sushma/- U T