Tarkesh Kumar And ANR v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.16196 of 2016 Arising Out of PS.Case No. -13 Year- 2015 Thana -MOTIHARI MUFASIL DistrictEASTCHAMPARAN(MOTIHARI) ======================================================

1. Tarkesh Kumar, aged about 21 years.

2. Nawlesh Kumar, aged about 19 years Both are the sons of Virendra Prasad Yadav and are the residents of Village- Dostiya, P.S- Lakhaura, District- East Champaran.

.... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Ansul, Adv. For the Opposite Party/s : Mr. S.N Shukla (App) ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR JHA ORAL ORDER 2.

03-05-2016 Heard both sides.

The petitioners apprehend their arrest in Lakhaura Muffasil P.S. Case No. 13/2015, registered for the offences punishable under Sections 304B, 201, 34 of the Indian Penal Code and Sections 3, 4 of the Dowry Prohibition Act. The father of the deceased made allegation that her daughter was married to Amod Kumar, son of Virendra Prasad Yadav in the year 2008 and alleged that immediately after marriage husband and in-laws of daughter were demanding dowry and also torturing his daughter.

The informant got information on 07.01.2015 that his

Patna High Court Cr.Misc. No.16196 of 2016 (2) dt.03-05-2016 2/2 daughter was killed due to non-fulfillment of demand of dowry. It is submitted that the petitioners are brother-in-laws (dewar) of the deceased. The petitioners never raised any demand of dowry nor tortured the deceased and no case of torturing of the deceased during seven years of her marriage before her death was ever lodged against them.

Considering the facts aforesaid and the fact that the petitioners are brother-in-laws (dewar) of the deceased, the petitioners, in the event of their arrest or surrender before the court below within a period of four weeks from the date of receipt/production of a copy of this order, are directed to be enlarged on bail on furnishing bail bond of Rs. 10,000/- (Ten thousand) each with two sureties of the like amount each to the satisfaction of the learned Chief Judicial Magistrate, East Champaran at Motihari in connection with Lakhaura Muffasil P.S. Case No. 13/2015, subject to the conditions as laid down under Section 438(2) of the Cr. P.C.

(Prabhat Kumar Jha, J.) Vinita/- U T