Nandu Bind v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.1756 of 2020 Arising Out of PS. Case No.-26 Year-2019 Thana- JAHANABAD District- Jehanabad ====================================================== 1.

Nandu Bind Son of Late Chanarik Bind Resident of Village-Mahavirganj, P.S.-Karpi, District-Arwal.

2.

Jhaler Devi Wife of Nandu Bind Resident of Village-Mahavirganj, P.S.- Karpi, District-Arwal.

... ... Petitioner/s

Versus

The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Jogendra Kumar For the Opposite Party/s :

Mr.Mohammed Arif ====================================================== CORAM: HONOURABLE MR. JUSTICE DINESH KUMAR SINGH ORAL ORDER 27-02-2020 Heard learned counsel for the petitioners and learned APP for the State.

The petitioners, being the parents of the husband of the victim, are apprehending their arrest in a case registered for the offences punishable under Section 498A of the Indian Penal Code and Sections 3⁄4 of Dowry Prohibition Act. Subsequently, Section 304B/34 of the IPC was also added.

The prosecution case as per the written report of Nathun Bind submitted to the Station House Officer of Kalpa O.P. is to the effect that the daughter of the informant, Sunita Devi was married with the son of the petitioners, Guddu Bind in 2016 but subsequent to the marriage, further dowry demand was made and for non-fulfillment of the same, torture was inflicted

Patna High Court CR. MISC. No.1756 of 2020(2) dt.27-02-2020 2/3 upon the daughter of the informant. On 20.12.2018, the daughter of the informant was assaulted by the accused persons reached to the informant's house.

It is submitted by learned counsel for the petitioners that for the alleged occurrence of 20.12.2018, the FIR was lodged on 10.01.2019 and thereafter, the victim died on 15.01.2019 at the informant's house. It is further submitted that the petitioners live separate from the husband of the victim and the other son and daughter-in-law of the petitioners have been granted anticipatory bail by Co-ordinate Bench of this Court vide order dated 12.12.2019 passed in Cr. Misc. No. 53814 of 2019.

Learned APP submits that the petitioners are named in the FIR.

Considering the fact that the victim died in her parents' house and delayed lodging of the case, coupled with the fact that the other co-accused persons have been granted anticipatory bail, let the above named petitioners be released on anticipatory bail in the event of arrest or surrender before the learned Court below within a period of twelve weeks from today, on furnishing bail bonds of Rs.10,000/- (Ten thousand) each with two sureties of the like amount each to the satisfaction

Patna High Court CR. MISC. No.1756 of 2020(2) dt.27-02-2020 3/3 of learned Chief Judicial Magistrate, Jehanabad in connection with Jehanabad (Kalpa) P.S. Case No. 26 of 2019, subject to the conditions as laid down under Section 438(2) of the Cr.P.C. (Dinesh Kumar Singh, J) DKS/- U T