Sahjanand Pandey And ORS. v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.14885 of 2015 Arising Out of PS.Case No. -312 Year- 2014 Thana -KARAHGAR District- SASARAM (ROHTAS) ======================================================

1. Sahjanand Pandey S/o Indrajeet Pandey

2. Parbati Devi W/o Sahjanand Pandey

3. Kaushalya Devi W/o Vijay Pandey All Resident of Village Bhaluari, P.S. Kargahar, District Rohtas. .... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Sada Nand Ray, Advocate For the Opposite Party/s : Mr. M.Rab (App) ====================================================== CORAM: HONOURABLE MR. JUSTICE DINESH KUMAR SINGH ORAL ORDER 05-05-2015 Heard learned counsel for the petitioners and the State.

The petitioners are parents and bhabhi 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.

It is alleged that daughter of the informant has been killed after one and half years of marriage for nonfulfillment of dowry demand. It is submitted by the learned counsel for the petitioners that the marriage between the victim and her husband Gopal Pandey was performed in a temple, hence there is no question of demand of dowry. In the F.I.R. there is specific allegation against the husband, who had illicit relationship with

Patna High Court Cr.Misc. No.14885 of 2015 (3) dt.05-05-2015 Kaushalya Devi, wife of his brother (petitioner no. 3) hence he throttled the victim.

Considering the thrust of accusation against the husband of the victim and petitioner no. 3, let the above named petitioner nos. 1 and 2 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 Judicial Magistrate, Ist Class, Rohtas at Sasaram in connection with Kargahar P.S. Case No. 312 of 2014, subject to conditions as laid down under Section 438(2) of the Indian Penal Code.

So far as petitioner no. 3 is concerned, let the learned court below consider the prayer for regular bail of the above named petitioner no. 3, if he surrenders before the learned court below within a period of six weeks from today in connection with Kargahar P.S. Case No. 312 of 2014, pending in the court of learned Judicial Magistrate, Ist Class, Rohtas at Sasaram.

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