Chhotiya Devi And ANR. v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.10272 of 2016 Arising Out of PS.Case No. -304 Year- 2015 Thana -GARKHA District- SARAN ======================================================

1. Chhotiya Devi Wife of Mithlesh Pandit null

2. Mithlesh Pandit @ Mithilesh Pandit son of Late Eanar Pandit Both are resident of Village- Rasidpur, Police Station- Garkha, DistrictSaran at Chapra .... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Rajesh Roy For the Opposite Party/s : Mr. Manoj Kumar-I(App) ====================================================== CORAM: HONOURABLE MR. JUSTICE DINESH KUMAR SINGH ORAL ORDER 02/ 03-03-2016 Heard learned counsels for the petitioners and the State.

The petitioners being the parents of the husband of the victim are apprehending their arrest in a case registered for the offences punishable under Sections 340B/34 of the Indian Penal Code.

The prosecution case is of killing the daughter of the informant after one and half years of the marriage for non-fulfillment of further dowry demand of motorcycle by administering poison.

It is submitted by learned counsel for the petitioners that admittedly the informant is not an eye witness to

Patna High Court Cr.Misc. No.10272 of 2016 (2) dt.03-03-2016 2/2 the occurrence. The post-mortem report of the victim reflects no external injury particularly the resisting injury. The cause of death has not been ascertained and the viscera has been preserved. The thrust of accusation is against the husband of the victim, who, as per learned counsel for the petitioners, is in custody. Moreover, the petitioners claimed to be separate from 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 bonds of Rs.10,000/- (Ten thousand) each with two sureties of the like amount each to the satisfaction of learned Additional Chief Judicial Magistrate, Vth, Saran at Chapra in connection with Garkha P.S. Case No. 304 of 2015, subject to the conditions as laid down under Section 438(2) of the Cr.P.C. (Dinesh Kumar Singh, J) DKS/- U T