Patna High CourtCR. MISC./33470/2018bail granted

Surendra Sah And ANR v. The State Of Bihar

2018-07-11Justice Smt. Anjana Mishra3 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.33470 of 2018 Arising Out of PS.Case No. -113 Year- 2018 Thana -BRAHMPUR District- BUXAR ======================================================

1. Surendra Sah,

2. Birendra Sah Both are Sons of Sri Deenanath Sah, R/o Vill.- Jawahi Jagdishpur, P.S.- Brahmpur, District- Buxar.

.... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Pravin Kumar For the Opposite Party/s : Mr. Nityanand ====================================================== CORAM: HONOURABLE JUSTICE SMT. ANJANA MISHRA ORAL ORDER 11-07-2018 Learned counsel for the petitioners has filed a supplementary affidavit for correction of mistake regarding the date of custody.

Let the date recorded in paragraph No. 12 and 14 be read as "17.03.2018" and "21.04.2018" instead of "17.03.2017" and "21.04.2017".

Heard learned counsel for the petitioners and learned Additional Public Prosecutor for the State.

The petitioners are in custody since 21.04.2018 in connection with Brahmpur P.S. Case No. 113/2018 registered for the offences punishable under Sections 304(B), 201/34 of the Indian Penal Code.

Patna High Court Cr.Misc. No.33470 of 2018 (4) dt.11-07-2018 2/3 Learned counsel for the petitioners submits that there is no specific allegation against the present petitioners who are the Dewars of the lady who had disappeared and for which a Sanha had been filed. Learned counsel for the petitioners submits that they are not named in the First Information Report and it has come on record that these two petitioners were not living with the victim lady. It is further submitted that only because there was a demand for dowry, the entire family has been roped in, in connection with the present case.

Having heard learned counsel for the petitioner and learned counsel for the State as well as learned counsel appearing on behalf of the informant, it appears that the lady in question has not yet been traced and, therefore, it has been presumed that she has been killed. It is under such circumstances that the petitioners are facing prosecution under Section 304(B) of the I.P.C. which could not be tenable under law. Earlier also, there was a Sanha regarding her being missing which had been lodged by the fatherin-law of the lady in question. The petitioners are not having any criminal antecedent.

As such, let the two petitioners (Surendra Sah and Birendra Sah), be released on bail on furnishing bail bonds of Rs. 10,000/- (ten thousand) each with two sureties of the like amount

Patna High Court Cr.Misc. No.33470 of 2018 (4) dt.11-07-2018 3/3 each to the satisfaction of the learned Chief Judicial Magistrate, Buxar, in connection with Brahmpur P.S. Case No. 113/2018. (Anjana Mishra, J) Saif/- U T