Mahesh Saw And ANR v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.5608 of 2019 Arising Out of PS. Case No.-142 Year-2018 Thana- DULHIN BAZAR District- Jehanabad ======================================================

1. Mahesh Saw s/o Jagdeo Saw Resident of village-Bhawar Sikariya, P.S.- Jehanabad (Karauna O.P.), District -Jehanabad

2. Rinku Devi w/o Mahesh Saw Resident of village-Bhawar Sikariya, P.S.- Jehanabad (Karauna O.P.), District -Jehanabad ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Ashok Kumar Sinha For the Opposite Party/s :

Mr.Madhuri Lata ====================================================== CORAM: HONOURABLE MR. JUSTICE MOHIT KUMAR SHAH ORAL ORDER 31-01-2019 Heard the learned counsel for the petitioners and the learned counsel for the State.

The petitioners seek regular bail in connection with Dulhin Bazar PS case no. 142 of 2018 registered for the offence punishable under Sections 302, 201/34 of Indian Penal Code and Section 3/4 of Dowry Prohibition Act. The allegation is regarding the accused persons having killed the victim lady on account of non-fulfilment of the demand for dowry.

The learned counsel for the petitioners has submitted that the petitioner no. 1 is the brother-in-law of the deceased lady and the petitioner no. 2 is her sister-in-law. It is further submitted that as far as the petitioner no. 2 is concerned,

Patna High Court Cr.Misc. No.5608 of 2019(2) dt.31-01-2019 2/2 she is a non-FIR named accused person and the fact is that both the petitioners are living separately and have nothing to do with the affairs of the deceased or her husband and if at all, anyone is responsible, they are the husband and mother-in-law and not the petitioners. It is further submitted that no prejudice would be caused if the petitioners are released on regular bail. Lastly, it is submitted that the petitioner no. 1 is languishing in custody since 23.06.2018 and the petitioner no. 2 is languishing in custody since 08.07.2018.

Having regard to the facts and circumstances of the case, I deem it fit and proper to enlarge the petitioners on regular bail.

Accordingly, the abovenamed petitioners are directed to be enlarged on regular bail on furnishing bail bond of Rs. 10,000/- (rupees ten thousand) each with two sureties of the like amount each to the satisfaction of learned Additional Sessions Judge-II, Danapur, Patna in connection with Dulhin Bazar PS case no. 142 of 2018.

(Mohit Kumar Shah, J) rinkee/- U T