Guncha @ Gunwa And ORS v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Miscellaneous No.13518 of 2015 Arising Out of PS.Case No. -4 Year- 2014 Thana -RAUTA District- PURNIA ======================================================
1. Guncha @ Gunwa, Wife of Haider
2. Mahfuz, Son of Shabbir
3. Md. Jalla @ Md. Jall Son of Sultan
4. Mannan, Son of Kalimuddin .... .... Petitioner/s
Versus
1. The State of Bihar .... .... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s : Mr. Kumari Ritambhara, Advocate For the Opposite Party/s : Mr. Murlidhar(App) ====================================================== CORAM: HONOURABLE MR. JUSTICE DINESH KUMAR SINGH ORAL ORDER 07-05-2015 Heard learned counsels for the petitioners and the State.
The petitioners being mother and co-villagers of the husband of the victim are apprehending arrest in a case registered for the offences punishable under Sections 304B, 120B, 201 and 498A of the Indian Penal Code.
Accusation is of killing the daughter of the informant within 2 and half years of marriage for non-fulfillment of dowry demand.
It is submitted by learned counsel for the petitioners that the victim performed love marriage with one Sarfiroz, the son of the petitioner. Subsequently, the husband of the victim found HIV Positive while they were residing together at Delhi,
Patna High Court Cr.Misc. No.13518 of 2015 (2) dt.07-05-2015 2/2 thereafter, the victim committed suicide after giving birth to a female child. Subsequently, the husband also died since he was suffering from HIV positive.
Considering the fact that the thrust of accusation is against the husband of the victim, who is now dead, 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 12 weeks from today, on furnishing bail bond of `10,000/- (ten thousand) each with two sureties of the like amount each to the satisfaction of the learned Sub-Divisional Judicial Magistrate, Purnea in connection with Routa P.S. Case No.4 of 2014, subject to the conditions as laid down under Section 438(2) Cr.P.C.
(Dinesh Kumar Singh, J) Ashwini/- U T