Kishor Sah v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.72186 of 2022 Arising Out of PS. Case No.-155 Year-2022 Thana- RAXAUL District- East Champaran ====================================================== 1.

KISHOR SAH Son of Late Jamadar Sah @ Dharamnath Sah Resident of Mohalla- Mishra colony, Ward No. 4, Tumariya Tola, P.S- Raxaul (haraiya) Dist- East Champaran 2.

Sati Devi Wife of Kishor Sah Resident of Mohalla- Mishra colony, Ward No. 4, Tumariya Tola, P.S- Raxaul (haraiya) Dist- East Champaran ... ... Petitioner/s

Versus

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

For the Petitioner/s :

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

Mr.Shailendra Kumar, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE CHANDRA SHEKHAR JHA ORAL ORDER 05-04-2023 Heard learned counsel appearing on behalf of the petitioners and learned APP appearing on behalf of the State. Let the defect(s), if any, be removed within a period of four weeks from today.

The petitioners seek bail in connection with Raxaul (Haraiya) P.S. Case No. 155 of 2022 registered for the offences under Sections 302 and 304(B)/34 of the Indian Penal Code. The accused/petitioners are named in the F.I.R. and both are in custody since 22.08.2022.

The allegation against the petitioners is to cause death of daughter of informant, along with other co-accused persons/family members, due to non-fulfilment of demand of

Patna High Court CR. MISC. No.72186 of 2022(2) dt.05-04-2023 2/3 dowry as demand for unexplained amount of money. Learned counsel appearing on behalf of the petitioners submitted that both above name petitioners are in-laws and parents of the husband of the deceased, who are living separately having no connections with daily and domestic affairs of deceased and her husband. It is further submitted that the statement of victim was recorded by investigating officer in Para-14 of the case diary, where she stated specifically that it was accidental fire and negate the allegation as raised through FIR. While concluding the argument, it is submitted that both the petitioners are the person of clean antecedent and, moreover, investigation of this case is completes, for which, charge-sheet has submitted, as such, there is no chance of tampering with the evidence.

Learned APP opposes the prayer of bail.

In view of the facts and circumstances as mentioned above, as both the petitioners are in-laws, living separately and also by taking note of the statement of victim as recorded in Para-14 of the case diary coupled with the fact that charge-sheet has already submitted, let both the petitioners, above named, are directed to be released on bail in connection with Raxaul (Haraiya) P.S. Case No. 155 of 2022 on furnishing bail bond of

Patna High Court CR. MISC. No.72186 of 2022(2) dt.05-04-2023 3/3 Rs.10,000/- (Rupees Ten Thousand) each with two sureties of the like amount each to the satisfaction of learned Chief Judicial Magistrate, Motihari, East Champaran/concerned Court, subject to the conditions as laid down u/s 437(3) of the Cr.P.C. (Chandra Shekhar Jha, J) R.S.Sen/- U T