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Patna High Court - Orders

Isri Lal Sah vs The State Of Bihar on 6 May, 2015

Author: Nilu Agrawal

Bench: Nilu Agrawal

                    IN THE HIGH COURT OF JUDICATURE AT PATNA
                                  Criminal Miscellaneous No.1715 of 2015
                    Arising Out of PS.Case No. -212 Year- 2001 Thana -MINAPUR District- MUZAFFARPUR
                 ======================================================
                 Isri Lal Sah, Son of Laxman Sah, resident of Village Manikpur, P.S.
                 Minapur, District - Muzaffarpur.

                                                                                .... ....   Petitioner
                                                       Versus
                 The State of Bihar

                                                                .... .... Opposite Party
                 ======================================================
                 Appearance :
                 For the Petitioner/s     : Mr. Surya Kant Mishra, Adv.
                 For the Opposite Party/s : Mr. S.N.Shukla, A.P.P.
                 ======================================================
                 CORAM: HONOURABLE JUSTICE SMT. NILU AGRAWAL
                 ORAL ORDER

3   06-05-2015

Heard learned counsel for the petitioner and learned A.P.P. for the State.

The petitioner is apprehending his arrest in connection with Minapur P.S. Case No. 212 of 2001 registered for the offences punishable under Sections 304(B)/34 of the Indian Penal Code.

The First Information Report, in brief, is that the informant Kapil Sah stated that his daughter Mamta Kumari was married to Isri Lal Sah and after marriage within a year, the petitioner started demanding cash of Rs. 20,000/- and a television in dowry. The informant expressed his inability to fulfil the demands and all the accused named in the First Information Report, tortured his daughter Mamta Kumari and ultimately she was killed in her matrimonial house. The informant on getting information of killing of his daughter rushed to his Patna High Court Cr.Misc. No.1715 of 2015 (3) dt.06-05-2015 2/2 daughter's matrimonial house and found the dead body of Mamta Kumari but his family members absconded. The supervision note speaks that no case of killing is made out but the learned Chief Judicial Magistrate, Muzaffarpur directed for further investigation. Hence, the petitioner and others had/have moved for anticipatory bail.

From various paragraphs of the case diary, the witnesses have stated that the death occurred due to cold and/or she had taken some pesticide, hence a direct case is not made out against the petitioner.

Under such circumstances, let the above named petitioner be released on anticipatory bail in the event of his arrest or surrender within a period of four weeks from today on furnishing bail bond of Rs. 10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of the learned Chief Judicial Magistrate, Muzaffarpur in connection with Minapur P.S. Case No. 212 of 2001, subject to the conditions as laid down under Section 438(2) Cr.P.C.

(Nilu Agrawal, J.) Vats/-

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