Kishun Sah @ Kishan Sah v. The State of Bihar
Case brief
What is this about?
This criminal miscellaneous jurisdiction petition sought anticipatory bail for the petitioner mother-in-law and brother-in-law of a deceased woman allegedly killed under dowry-related offenses. The court held that since the husband of the deceased, the primary accused, had not surrendered, there was no gnawing fear of immediate arrest to warrant bail. Consequently, the prayer for anticipatory bail
What did the court decide?
Prayer for anticipatory bail for petitioners no. 2 and 3 rejected; application of petitioner no. 1 dismissed as infructuous.
What the court decided
IN THE HIGH COURT OF JUDICATURE AT PATNA CRIMINAL MISCELLANEOUS No.13017 of 2021
Arising Out of PS. Case No.-120 Year-2020 Thana- BIBHUTIPUR District- Samastipur
- ======================================================
- KISHUN SAH @ KISHAN SAH S/o Gango Sah R/o village- Sirsi, P.S.Bibhutipur, Distt.- Samastipur
- ARUN SAH S/o Kishun Sah R/o village- Sirsi, P.S.- Bibhutipur, Distt.Samastipur
- FEKNEE DEVI @ FEKNI DEVI W/o Kishun Sah R/o village- Sirsi, P.S.Bibhutipur, Distt.- Samastipur
... ... Petitioner/s
Versus
The State of Bihar Bihar
... ... Opposite Party/s
====================================================== Appearance : For the Petitioner/s : Mr. Bijay Bhushan Prasad, Advocate For the Opposite Party/s : Mr. Sanjay Kumar Tiwary ====================================================== CORAM: HONOURABLE MR. JUSTICE ASHUTOSH KUMAR ORAL ORDER
Issues for consideration
3 issues framed by the court
Whether anticipatory bail ought to be granted to petitioners who are the mother-in-law and brother-in-law of the deceased in a dowry death case where the husband has not surrendered.
Whether the petitioners had a reasonable fear of arrest justifying the grant of anticipatory bail.
How to dispose of the petition where the principal petitioner (father-in-law) was arrested making his application infructuous.
Parties & counsel
- petitioner
Kishun Sah @ Kishan Sah
- petitioner
Arun Sah
- petitioner
Feknee Devi @ Fekni Devi
- respondent
The State of Bihar
Coram
Case details
As recorded by the court registry
Similar cases
Judgements on the same questions, provisions and authorities, from every court