Triloki Jha And ORS. v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Miscellaneous No.9365 of 2016 Arising Out of PS.Case No. -120 Year- 2015 Thana -MANIYARI District- MUZAFFARPUR ======================================================
1. Triloki Jha S/o Late Narmdeshwar Sha
2. Veena Devi wife of Triloki Jha
3. Ritu Kumari@Ritu Devi W/o Rajesh Jha
4. Nitu Devi Wife of Mukesh Jha
5. Rajesh Jha son of Triloki Jha All Resident of Village- Silaut , Police Station Maniyari District :Muzaffarpur.
.... .... Petitioner/s
Versus
1. The State of Bihar .... .... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s : Mr. Raju Kumar For the Opposite Party/s : Mr. Mustaque Alam(App) ====================================================== CORAM: HONOURABLE MR. JUSTICE DINESH KUMAR SINGH ORAL ORDER 01-03-2016 Heard learned counsels for the petitioners and the State.
The petitioners being parents, brother's wife, sister and brother of the husband of the victim are apprehending arrest in a case registered for the offences punishable under Sections 201,302,304B,504 and 506/34 of the Indian Penal Code and sections 3 and 4 of Dowry Prohibition Act.
The accusation is of killing the daughter of the informant namely Jyoti Kumari after four years of marriage for non fulfillment of further dowry demands of
Patna High Court Cr.Misc. No.9365 of 2016 (2) dt.01-03-2016 2/3 rupees one lac and motorcycle.
It is submitted by the learned counsel for the petitioners that the accusation is omnibus and general against the entire in-laws family including the petitioners. The accusation of demand of dowry after four years of marriage appears to be unreasonable. The victim has two children of five years and seven years respectively hence the marriage was performed eight years prior to the incident which suggests that the case does not come within the purview of section 304B IPC. It is further submitted that the informant retracted from the initial version and has filed a petition to that effect before the learned court below. The thrust of accusation is against the husband of the victim.
Considering the aforesaid facts, let the above named petitioners be released on anticipatory bail in the event of arrest or surrender before the learned Court below within a period of twelve weeks from today on furnishing bail bond of Rs. 10,000/- (ten thousand) each with two sureties of the like amount each to the satisfaction of learned SDJM (West), Muzaffarpur in
Patna High Court Cr.Misc. No.9365 of 2016 (2) dt.01-03-2016 3/3 connection with Maniyari P.S. Case No. 120 of 2015 subject to the conditions as laid down under Section 438(2) Cr.P.C.
(Dinesh Kumar Singh, J) Anil/- U T