Binay Singh @ Binay Kumar Singh And ORS. v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.13174 of 2015 Arising Out of PS.Case No. -113 Year- 2014 Thana -DORIGANJ District- SARAN ======================================================

1. Binay Singh @ Binay Kumar Singh, son of late Raghubansh Singh

2. Satish Singh, son of late Raghubansh Singh

3. Saroj Kumar Singh @ Tutu Singh, son of late Raghubansh Singh

4. Soni Devi, wife of Satish Singh .... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Rakesh Kumar, Advocate For the Opposite Party/s : Mr. Satyavarta Verma (App) ====================================================== CORAM: HONOURABLE MR. JUSTICE DINESH KUMAR SINGH ORAL ORDER 31-03-2015 Heard learned counsels for the petitioners and the State.

The petitioners being the brother, brother's wife of the husband of the victim are apprehending arrest in a case registered for the offences punishable under Sections 498A, 120B, 304B/34 of the Indian Penal Code.

Accusation is of killing the daughter of the informant after three years of marriage for non-fulfillment of dowry demand. It is alleged that prior to the death the victim informed her brother about the torture being made to her since he has no issue.

It is submitted by learned counsel for the petitioners that the petitioners are separate from husband of the victim. The

Patna High Court Cr.Misc. No.13174 of 2015 (2) dt.31-03-2015 2/2 post-mortem reflects no internal or external injury. The doctor failed to ascertain the cause of death hence, viscera has been preserved. It is further submitted that the victim was being treated as she failed to conceive for three years after marriage and on the alleged date of occurrence as per the own admission of the informant the victim was taken to hospital to provide medical assistance.

Considering the fact that the post-mortem reflects no injury, 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 Chief Judicial Magistrate, Saran at Chapra in connection with Doriganj P.S. Case No.113 of 2014, subject to the conditions as laid down under Section 438(2) Cr.P.C.

(Dinesh Kumar Singh, J) Ashwini/- U T