Shankar Nath @ Shiv Shankar Nath And ORS v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.14608 of 2018 Arising Out of PS. Case No.-46 Year-2017 Thana- GOBARDHANA District- West Champaran ======================================================

1. Shankar Nath @ Shiv Shankar Nath, S/o- Late Budhwal Nath.

2. Jatani Devi, W/o Shankar Nath @ Shiv Shankar Nath,

3. Bhuneshwar Nath, S/o Shankar Nath @ Shiv Shankar Nath, All resident of Village- Baria Barwa (Gurera Nath), P.S.- Gobardhana, District- West Champaran.

... ... Petitioner/s

Versus

The State of Bihar.

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

For the Petitioner/s :

Mr. Vijay Kr Singh No. 1 For the Opposite Party/s :

Mr. Sri Narendra Kumar Singh ====================================================== CORAM: HONOURABLE MR. JUSTICE S. KUMAR ORAL ORDER 09-04-2018 Heard learned counsel for the petitioners and the State.

This is an application for regular bail in connection with Goberdhana P. S. Case No. 46 of 2017 registered for the offences punishable under Sections 304B, 302 r/w 34 of the Indian Penal Code.

Informant is the brother of the deceased who in his written complaint has stated that her sister was married with Nagendra Nath in the year 2014 and thereafter she was being tortured for non-fulfilment of demand of dowry and ultimately she was killed.

It has been submitted on behalf of the petitioners that

Patna High Court Cr.Misc. No.14608 of 2018(3) dt.09-04-2018 2/2 there is no allegation against petitioners, who are father-in-law, mother-in-law and brother-in-law of the deceased. During investigation witnesses have been examined by the I.O. and they have stated that the deceased along with others was returning from field with bundle of woods on her head and on the way she fell down and much effort was made for her revival and thereafter her dead body was brought to her residence where FIR was instituted on the complaint made by brother of the deceased. It has further been submitted that there is no allegation against them for demand of dowry and no allegation is made by any of the witnesses for killing the deceased. Petitioners have no criminal antecedent.

Considering the facts and circumstances of the case, let above named petitioners be enlarged on bail on furnishing bail bond of Rs.10,000/- (Ten thousand only) each with two sureties of the like amount each to the satisfaction of learned SDJM, Bagaha, Distt West Champaran, in connection with Goberdhana P. S. Case No. 46 of 2017.

(S. Kumar, J) sudip/- U T