Manoj Kumar And ANR v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Miscellaneous No.13487 of 2016 Arising Out of PS.Case No. -125 Year- 2014 Thana -SUGAULI DistrictEASTCHAMPARAN(MOTIHARI) ======================================================
1. Manoj Kumar, Son of Kishori Sah
2. Urmila Devi, wife of Kishori Sah Both are the residents of VillageBelwatia, P.S. Sugauli, District- East Champaran. .... .... Petitioner/s
Versus
1. The State of Bihar .... .... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s : Mr. Ansul For the Opposite Party/s : Mr. Renuka Ratnakar(App) ====================================================== CORAM: HONOURABLE MR. JUSTICE DINESH KUMAR SINGH ORAL ORDER 15-02-2017 Heard learned counsels for the petitioners and the State.
The petitioners being the brother and mother of the husband of the victim have renewed their prayer for anticipatory bail in a case registered for the offences punishable under Sections 304B, 201, 328 and 120B of the Indian Penal Code. Accusation is of killing the daughter of the informant after about one year of marriage for non-fulfillment of the dowry demand by making assault and administering poison. It is submitted by learned counsel for the petitioners that the accusation of demand of dowry and torture is not specific against the petitioners. Petitioner no.1 claims to reside
Patna High Court Cr.Misc. No.13487 of 2016 (2) dt.15-02-2017 2/2 at Bangalore and petitioner no.2 claims to be separate from the husband of the victim.
The impugned order reflects that the post-mortem report suggests the death due to injury caused on the head of the victim.
Considering the nature of accusation, this Court is not inclined to revise the earlier order. However, let the learned Court below consider the prayer for regular bail of the petitioner keeping in view of the fact that the thrust of accusation is against the husband of the victim, if the petitioner surrenders within a period of six weeks in connection with Sugauli P.S. Case No.125/2014, pending before the learned CJM, East Champaran at Motihari.
With the above observation, this application is, accordingly, disposed off.
(Dinesh Kumar Singh, J) Ashwini/- U T