Laljhari Devi And ORS. v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.28448 of 2015 Arising Out of PS.Case No. -82 Year- 2015 Thana -MAHARAJGANJ District- SIWAN ======================================================

1. Laljhari Devi wife of Rohit Prasad

2. Jai Prakash Prasad son of Rohit Prasad

3. Rambidhi Prasad son of Late Thakur Prasad All are residents of Village - Bagauchha, Police Station - Maharajganj, District - Siwan. .... .... Petitioner/s

Versus

1. The State of Bihar.

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

For the Petitioner/s : Mr. Umesh Kumar Mishra For the Opposite Party/s : Mr. S.Dayal (App) ====================================================== CORAM: HONOURABLE MR. JUSTICE DINESH KUMAR SINGH ORAL ORDER 24-07-2015 Heard learned counsels for the petitioners and the State. The petitioners being mother, brother and grand father of the husband of the victim are apprehending arrest in a case registered for the offences punishable under Sections 304B and 201/34 of the Indian Penal Code.

The accusation is of killing the daughter of the informant after five years of marriage for non fulfillment of dowry demands.

It is submitted by the learned counsel for the petitioners that the victim was the co villager of the petitioners and the victim and Om Prakash Prasad performed love marriage hence there is no question of demand of dowry. The petitioners claim to be old

Patna High Court Cr.Misc. No.28448 of 2015 (2) dt.24-07-2015 2/2 persons and are separate from the husband of the victim. Considering the aforesaid facts, 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 twelve weeks from today 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, Siwan in connection with Maharajganj P.S. Case No. 82 of 2015 subject to the conditions as laid down under Section 438(2) Cr.P.C.

The bail bonds of the petitioners will be accepted on filing of an affidavit by the petitioners before the learned court below that they will regularly cooperate in the investigation. The said affidavit will be transmitted by the learned court below to the concerned I.O. Non cooperation in investigation by the petitioners will give liberty to prosecution to file application for cancellation of bail bonds by learned court below.

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