Futun Upadhyay And ANR. v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.33266 of 2014 Arising Out of PS.Case No. -305 Year- 2014 Thana -CIVIL LINE District- GAYA ======================================================

1. Futun Upadhyay, son of Late Ramjee Upadhyay

2. Kalindi Devi wife of Futun Upadhyay Both resident of Mohalla - Nawagahari , Police Station - Civil Lines , District -Gaya .... Petitioners

Versus

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

For the Petitioners : Mr. Mrigendra Pratap Singh, Adv.

For the Opposite Party : Mr. Md. Fahimuddin (App) ====================================================== CORAM: HONOURABLE MR. JUSTICE GOPAL PRASAD ORAL ORDER 06-02-2015 Heard the learned counsel for the petitioners, the informant and the State.

This is a petition for grant of anticipatory for offence under Section 304B/34 of the Penal Code.

The petitioners are the cousin brother and cousin bhabhi of the husband of the deceased and the marriage solemnized in 2004 and occurrence took place in 2014 whereas case has been lodged under Section 304B of the Penal Code. It has, further, been submitted that there is no specific, but, general and vague, allegation against the petitioners. Hence, having regard to the facts and circumstances of the case, the petitioners, above named, in the event of their arrest or surrender, within four weeks from the date of receipt of this order, are directed to be released on anticipatory bail on furnishing bail bonds of Rs.10,000/- (rupees ten thousand) each with two sureties of the like amount each in connection with the Civil Lines P.S. Case No. 305 of 2014 to the satisfaction of the Chief Judicial Magistrate, Gaya, subject to the condition laid down under Section 438(2) of the Criminal Procedure Code. (Gopal Prasad, J) SA/- U U T T