Sheobachan @ Lathera Singh And ANR. v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Miscellaneous No.8513 of 2016 Arising Out of PS.Case No. -42 Year- 2015 Thana -KARAKAT District- SASARAM (ROHTAS) ======================================================
1. Sheobachan @ Lathera Singh, S/o Late Raja Yadav
2. Dhansukhia Devi, wife of Sheobachan @ Lathera Singh Both residents of Village Pandsar, P.S.- Karakat, District- Rohtas. .... .... Petitioner/s
Versus
1. The State of Bihar .... .... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s : Mr. Sada Nand Roy, Advocate For the Opposite Party/s : Mr. P.K.Chaurasiya(App) ====================================================== CORAM: HONOURABLE MR. JUSTICE DINESH KUMAR SINGH ORAL ORDER 22-02-2016 Heard learned counsel for the petitioners and the State.
The petitioners being parents of the husband of the victim are apprehending their arrest in a case registered for the offences punishable under Sections 304B, 201/34 of the Indian Penal Code.
Accusation is of killing the daughter of the informant after six years of marriage for non-fulfillment of dowry demand.
It is submitted by the learned counsel for the petitioners that date of marriage has been shifted towards to bring the case within the purview of Section 304B of the Indian Penal Code, actually the marriage was performed in 2002, when the victim died in 2015, hence the case does not come within purview of Section 304B of the Indian Penal Code. The thrust of
Patna High Court Cr.Misc. No.8513 of 2016 (2) dt.22-02-2016 accusation against husband of the victim. The petitioners claim to be separate from the husband of the victim. Considering the aforesaid facts, let the above named petitioners be released on bail in the event of their 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 of learned Chief Judicial Magistrate, Sasaram (Rohtas) in connection with Karakat P.S. Case No. 42 of 2015, subject to conditions as laid down under Section 438(2) of the Code of Criminal Procedure. (Dinesh Kumar Singh, J) P.K./- U T