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Patna High CourtCR. MISC./1687/2020bail granted

Laxman @ Udhari Turha v. The State Of Bihar

2020-06-19Mr. Justice Sudhir Singh2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.1687 of 2020 Arising Out of PS. Case No.-259 Year-2019 Thana- DINARA District- Rohtas ====================================================== 1.

LAXMAN @ UDHARI TURHA Son of Hari Turha Resident of Village - Medanipur, P.S.- Dinara, Distt.- Rohtas at Sasaram. 2.

Meera Devi W/o Laxman @ Udhari Turha, Resident of Village - Medanipur, P.S.- Dinara, Distt.- Rohtas at Sasaram.

... ... Petitioner/s

Versus

THE STATE OF BIHAR ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Jai Prakash Singh For the Opposite Party/s :

Mr.Dr. Indiwar Kumari ====================================================== CORAM: HONOURABLE MR. JUSTICE SUDHIR SINGH ORAL ORDER 19-06-2020 Due to COVID-19 Pandemic, the matter is being taken up by way of virtual Court proceeding.

The matter has been listed under the heading "For Orders" under the orders of Hon'ble the Chief Justice. Heard learned counsel for the petitioners and learned APP for the State.

The petitioners are apprehending their arrest in a case registered under Sections 304B/34 of the Indian Penal Code. Allegation against the petitioners is of committing torture and caused death of the victim due to non-fulfillment of demand of dowry.

It has been submitted on behalf of the petitioners that the petitioner No. 2 has got no criminal antecedent. There is no

Patna High Court CR. MISC. No.1687 of 2020(3) dt.19-06-2020 2/2 allegation of tampering of witnesses alleged against the petitioners. The petitioner Nos. 1 & 2 are brother-in-law and sister-in-law (Gotani) of the deceased respectively. They are separate in mess and property from husband of the deceased. They have no concern with the alleged occurrence. The husband of the deceased is in custody. On behalf of the State, it is submitted that the petitioners are named in the Complaint Case/F.I.R.

Considering the aforesaid facts and circumstances of the case and also the lockdown, the petitioners, above named, in the event of arrest or surrender before the learned court below within a period of six weeks from today, be released on anticipatory bail on their personal bond to the satisfaction of learned Sub Divisional Judicial Magistrate, Bikramganj, Rohtas in connection with Dinara P.S. Case No. 259 of 2019 subject to the conditions as laid down under Section 438(2) of the Code of Criminal Procedure.

Once the normalcy is restored, the petitioners shall furnish bail bonds of Rs. 10,000/- (Rupees ten thousand) with two sureties of the like amount each within a period of seven weeks to the satisfaction of the court concerned in connection with the aforesaid case.

(Sudhir Singh, J) A.K.V.//- U T