Amarjeet Turha @ Amarjit Turha v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.89308 of 2024 Arising Out of PS. Case No.-273 Year-2023 Thana- SISWAN District- Siwan ====================================================== 1.
Amarjeet Turha @ Amarjit Turha S/o- Dhrup Turha Village - Morwan, P.S. - Siswan, District - Siwan 2.
Kalawati Devi W/o- Satyadev Turha Village - Morwan, P.S. - Siswan, District - Siwan ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Bijay Prakash Singh For the Opposite Party/s :
Mr. Zainul Abedin ====================================================== CORAM: HONOURABLE MR. JUSTICE SANDEEP KUMAR ORAL ORDER 18-01-2025 Heard the learned counsel for the petitioners and learned APP for the State.
2. The petitioners seek regular bail in connection with Siswan P.S. Case No. 273 of 2023 registered for the offence under Sections 304B, 328, 34 of the Indian Penal Code.
3. As per the prosecution case, due to non-fulfillment of demand of dowry, the accused persons have killed the deceased.
4. Learned counsel for the petitioners submits that petitioner no. 01 is the husband of the deceased and the petitioner no. 02 is cousin mother-in-law of the deceased. Petitioner no. 01 is in jail since 20.03.2024 whereas the
Patna High Court CR. MISC. No.89308 of 2024(2) dt.18-01-2025 2/3 petitioner no 02 is in custody since 23.02.2024. It is further submitted that there is general and omnibus allegation against the petitioner no. 02 who is the cousin mother-in-law.
5. Learned A.P.P. has vehemently opposed the prayer for bail and has submitted that all the witnesses have been examined.
6. Considering the facts and circumstances of the case, I am not inclined to grant bail to the petitioner no. 01 who is the husband of the deceased. Accordingly, this application filed on behalf of petitioner no. 01/Amarjeet Turga @ Amarjit Turha is hereby rejected.
7. So far as petitioner no. 02/Kalawati Devi is concerned, considering the general and omnibus allegation against her, this application filed on behalf of petitioner no. 02 is allowed.
8. Accordingly, let the petitioner no. 02/Kalawati Devi, be released on bail on furnishing bail bond of Rs. 10,000/- (Ten Thousand)with two sureties of the like amount each to the satisfaction of the learned Principal District & Sessions Jjudge, Siwan/concerned Court below in connection with Siswan P.S. Case No. 273 of 2023.
9. It has been submitted by the learned counsel for the
Patna High Court CR. MISC. No.89308 of 2024(2) dt.18-01-2025 3/3 petitioners that the trial is pending because there is no Trial Judge.
10. If the aforesaid statement is correct then the District Judge, Siwan will transfer the case to another court so that the trial is concluded at the earliest.
11. Let a copy of this order be communicated to the District Judge, Siwan through FAX for its compliance forthwith. (Sandeep Kumar, J) Shishir/- U T