Allowed

Bhikhar Sah and Anr. v. The State Of Bihar

Patna HC18 Jun 2018CR. MISC./33434/2018

Case brief

AI extract

What is this about?

The Patna High Court granted bail to elderly petitioners in a dowry death case. The court held that since the marriage occurred ten years prior and the specific dowry demand allegations targeted the husband, not the elderly in-laws, they should be released.

What did the court decide?

Petitioners directed to be released on bail by furnishing bail bonds of Rs. 10,000 with two sureties of the like amount.

Bhikhar Sah and Anr. Vs The State Of Bihar — Dowry and Cruelty | Patna HC (2018)

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IN THE HIGH COURT OF JUDICATURE AT PATNA Criminal Miscellaneous No.33434 of 2018

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Arising Out of PS.Case No. -2 Year- 2017 Thana -TARIYANI CHOWK District- SHEOHAR

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====================================================== 1. Bhikhar Sah, S/o Late Saryug Sah,

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Malti Devi W/o Bhikhar Sah, Both R/o Vill.- Brindawan Motnaje, P.S.Tariyani, District- Sheohar.

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.... .... Petitioner/s

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Versus

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The State of Bihar

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.... .... Opposite Party/s

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====================================================== Appearance : For the Petitioner/s : Mr. Devendra Kumar For the Opposite Party/s : Mr. Dr. Indiwar Kumari

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====================================================== CORAM: HONOURABLE MR. JUSTICE ARUN KUMAR ORAL ORDER

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3 18-06-2018 Heard learned Counsel for the petitioners and the learned Counsel for the State.

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Petitioners, already in custody since 15.3.2018, seek bail in Tariyani PS Case No. 2 of 2017, registered under Sections 304B/34 of the IPC.

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The allegation in brief is that the informant’s sister was married with the son of the petitioners ten years ago and for realizing demand of dowry she was burnt to death.

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Learned Counsel for the petitioners submits that it is not a case under Section 304B of IPC as the marriage was solemnised ten years back and the specific allegation in the FIR relating to making demand of dowry is against the husband and not against the petitioners who are old people aged about 87 and 74 years respectively and the petitioners are old in-laws and not the husband.

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Having considered the said facts and circumstances as the marriage was solemnised ten years back so the petitioners namely Bhikhar Sah and Malti Devi are directed to be released on bail on furnishing bail bonds of Rs. 10,000/- (Ten thousand) with two

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Patna High Court Cr.Misc. No.33434 of 2018 (3) dt.18-06-2018

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sureties of the like amount each to the satisfaction of ACJM Sheohar in connection with Tariyani PS Case No. 2 of 2017.

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(Arun Kumar, J)

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Snkumar/-

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U T

Bhikhar Sah and Anr. v. The State Of Bihar

Case brief

What is this about?

What did the court decide?

Bhikhar Sah and Anr. v. The State Of Bihar

Case brief

What is this about?

What did the court decide?

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