Sultan And ORS v. The State Of Bihar

Patna High Court Cr.Misc. No.22649 of 2015 (4) dt.21-09-2015

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.22649 of 2015 Arising Out of PS.Case No. -296 Year- 2013 Thana -JOKIHAT District- ARRARIA ======================================================

1. Sultan son of Late Asgar

2. Rabila Wife of Sultan

3. Sanwari wife of Muskil All residents of village Turkeli, P.S. Jokihat, District Araria.

.... .... Petitioner/s

Versus

The State of Bihar.

.... .... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s : Mr. Pravin Kumar For the Opposite Party/s : Mr. Amitesh Kumar(App) ====================================================== CORAM: HONOURABLE MR. JUSTICE SUDHIR SINGH ORAL ORDER 21-09-2015 Heard learned counsel for the petitioners and the State. The petitioners are apprehending their arrest in a case instituted under Sections 304(B), 201 and 120(B), 34 of the Indian Penal Code.

It is alleged by the informant that the accused persons used to assault the deceased in connection with their demand of a buffalo and a motorcycle in dowry. The informant came to know that his sister was missing from her matrimonial home. Therefore, he made search for her. He also came to know that the accused persons had caused the death of his sister for dowry and thrown her dead body at Parman river, thereafter the dead body of the deceased was recovered from river side.

Patna High Court Cr.Misc. No.22649 of 2015 (4) dt.21-09-2015 Learned counsel for the petitioner submits that petitioners have got no criminal antecedent. It has also been submitted that the petitioners have implicated in the present case due to mistake of fact. Petitioner no.1 is the father-in-law, petitioner no.2 is the mother-in-law and petitioner no.3 is the first wife of the husband of the deceased. The sister of the informant is not living in the house of the petitioners and her dead body has been found five kilometers away from the village by the side of the river.

On behalf of the State, it has been submitted that the petitioners are named in the FIR.

Considering the aforesaid facts, let the above named petitioners, in the event of their arrest or surrender in the court below within a period of four weeks, be released 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 learned CJM, Araria in connection with Jokihat P.S.Case No.296 of 2013, subject to the conditions as laid down under Section 438(2) of the Cr.P.C.

(Sudhir Singh, J) B.Kr./- U T