Raj Kumar Sah @ Munna Sah v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.71941 of 2025 Arising Out of PS. Case No.-208 Year-2025 Thana- MOTIPUR District- Muzaffarpur ====================================================== 1.

Raj Kumar Sah @ Munna Sah S/o- Dev Narayan Sah @ Devanand Sah R/vSardha Jahangirpur PS - Motipur Dist- Muzaffarpur 2.

Puja Kumari W/o- Sunil Sah @ Sunil Kumar R/v- Sardha Jahangirpur PS - Motipur Dist- Muzaffarpur 3.

Guriya Devi @ Guddi Devi W/o- Chunmun Sah @ Chunchun Kumar Sah R/v- Sardha Jahangirpur PS - Motipur Dist- Muzaffarpur ... ... Petitioner/s

Versus

1.

The State of Bihar 2.

Suresh Sah S/o- Late Radha Sah R/v- Dautpur Ps- Paru Dist- Muzaffarpur ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Ugresh Kumar, Advocate For the Opposite Party/s :

Mr. Anish Chandra, A.P.P.

====================================================== CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA ORAL ORDER 16-10-2025

1. Heard learned counsel for the petitioners and learned A.P.P. for the State.

2. Learned counsel for the petitioners, after arguing vehemently for some time realizing his difficulty, seeks permission to withdraw the anticipatory bail application with respect to petitioner no. 1, namely, Raj Kumar Sah @ Munna Sah.

3. Permission is accorded.

4. Accordingly, the anticipatory bail application with respect to petitioner no. 1 is dismissed as withdrawn.

5. The petitioners no. 2 and 3 apprehend their arrest in a case registered for the offences punishable under Sections 85,

2/4 80 and 3(5) of the BNS.

6. Learned counsel for the petitioners no. 2 and 3 submits that petitioners no. 2 and 3 are persons with clean antecedent and are women and have been falsely implicated in the instant case by the informant who alleges that his daughter was married to Sanoj Kumar on 03.10.2023 and out of the wedlock, a child was born. It is further alleged that the accused persons including the petitioners no. 2 and 3 after marriage used to torture the victim for dowry. It is next alleged that the accused persons including the petitioners no. 2 and 3 killed the daughter of the informant and thereafter hanged her with a fan and on coming to know about the occurrence, he reached the place of occurrence and saw the dead body of his daughter which was sent for postmortem.

7. Learned counsel for the petitioners no. 2 and 3 submits that informant is not an eyewitness to the occurrence and the entire allegation hinges around suspicion and the demand of dowry and torture is general and omnibus in nature. It is further submitted that whenever any dispute arises in between the husband and the wife and the occurrence of the nature as alleged takes place, the entire family members are implicated in a mechanical manner with general and omnibus

3/4 allegation. It is next submitted that had the petitioners no. 2 and 3 been involved in the occurence in that event efforts would have been made to dispose of the dead body with a view to conceal the evidence but then petitioners no. 2 and 3 were adamdent that the body be kept in the hosue so that the same can be sent for postmortem for ascertaining the cause of death. It is also submitted that even the body was sent for postmortem for ascertaining the cause of death which amply demonstrates that petitioners no. 2 and 3 were not involved in the occurrence or else efforts would have been made to ensure that the dead body is not sent for postmortem or else the cause of death shall be ascertained. It is further submitted that petitioners are sisterin-laws (Gotni) of the deceased. It is next submitted that petitioners no. 2 and 3 will not abscond rather will cooperate in the investigation to prove their innocence.

8. Learned A.P.P. for the State opposes the prayer for anticipatory bail of the petitioners no. 2 and 3.

9. Considering the submissions made by the learned counsel for the petitioners no. 2 and 3, let the petitioners no. 2 and 3 above-named, in the event of their arrest or surrender before the learned trial court within a period of six weeks from today, be released on anticipatory bail on furnishing bail bonds

4/4 of Rs.10,000/- (Rupees Ten Thousand) each with two sureties of the like amount each to the satisfaction of the learned trial court where the case is pending/Successor Court in connection with Motipur P.S. Case No. 208 of 2025, subject to the conditions as laid down under Section 482(2) of the BNSS.

(Satyavrat Verma, J) Kundan/- U T