Rohit Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.5664 of 2024 Arising Out of PS. Case No.-339 Year-2022 Thana- KHIJARSARAI District- Gaya ====================================================== 1.

Rohit Kumar S/O Om Prakash Saw R/O Village- Saidpur Dih, P.O And P.SKhizarsarai, Distt.- Gaya. 2.

Sanju Kumari D/O Om Prakash Saw R/O Village- Saidpur Dah, P.O And P.S- Khizarsarai, Distt.- Gaya.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Brijmohan Das For the Opposite Party/s :

Mr.Awadhesh Kumar Singh ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH ORAL ORDER 17-02-2024 Heard learned counsel for the petitioners and learned Additional Public Prosecutor for the State.

2. The petitioners apprehend their arrest in a case registered for the offences punishable under Sections 304(B) of the Indian Penal Code and section 3/4 of the Dowry Prohibition Act.

3. As per the prosecution case, daughter of the informant was married to one Rahul Sao in April, 2018. After marriage the daughter of informant gave birth to a male child. After few years, all the accused persons including petitioners started demanding dowry. It is further alleged that all the accused persons committed murder of informant's daughter by pressing her neck due to non-fulfillment of demand of dowry.

Patna High Court CR. MISC. No.5664 of 2024(2) dt.17-02-2024 2/2

4. It is submitted by the counsel for petitioners that thrust of accusation is against husband of the deceased who is already in custody. Petitioner no.1 is brother-in-law (Dewar) and petitioner no. 2 is unmarried sister-in-law (Nanad) of the deceased. Petitioners are separate in mess and property and they have got no concern with the family affairs of the deceased and her husband. There is general and omnibus allegation and petitioners have got no criminal antecedent.

5. Considering the facts aforesaid, the petitioners above-named, in the event of their arrest/surrender before the court below within a period of six weeks from the date of receipt/production of a copy of this order, are directed to be enlarged on bail on furnishing bail bond of Rs. 10,000/- (Ten thousand) each with two sureties of the like amount each to the satisfaction of the learned Additional District & Sessions Judge XI, Gaya in connection with Khizarsarai P.S. Case No. 339 of 2022 corresponding to Sessions Trial No. 225 of 2023, subject to the conditions as laid down under Section 438(2) of the Code of Criminal Procedure.

(Prabhat Kumar Singh, J) vinita/- U T