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Patna High CourtCR. MISC./7091/2016disposed

Parwati Devi And ANR v. The State Of Bihar

2016-02-17Mr. Justice Dinesh Kumar Singh2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.7091 of 2016 Arising Out of PS.Case No. -49 Year- 2005 Thana -BHAWANIPUR District- PURNIA ======================================================

1. Parwati Devi wife of Lakhan Mahto

2. Sumitra Devi wife of Dinesh Mahto resident of village Bhelwar P.S.- Bhawanipur, District- Purnea .... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Rajani Kumari, Advocate For the Opposite Party/s : Mr. Madhuranand Jha (App) ====================================================== CORAM: HONOURABLE MR. JUSTICE DINESH KUMAR SINGH ORAL ORDER 17-02-2016 Heard learned counsel for the petitioners and the State.

Petitioners being the mother and brother's wife of the husband of the victim are apprehending their arrest in a case registered for the offences punishable under Sections 304B, 201, 120B/34 of the Indian Penal Code.

Accusation is of killing the daughter of the informant after five years of marriage for non-fulfillment of dowry demand.

It is submitted by the learned counsel for the petitioners that petitioners claim to be separate from the husband of the victim. Learned counsel for the petitioners admits that the husband of the victim has already convicted. Considering the fact that the F.I.R. was registered

Patna High Court Cr.Misc. No.7091 of 2016 (2) dt.17-02-2016 in 2005 and case has been filed in 2016, this Court is not inclined to interfere, let the learned court below consider the prayer for regular bail of the petitioners, if the petitioners surrender before the learned court below within a period of six weeks from today in connection with Bhawanipur P.S. Case No. 49 of 2005, pending in the court of learned Chief Judicial Magistrate, Purnea.

With the above observation this application is disposed of.

(Dinesh Kumar Singh, J) P.K./- U T