Chandan Ram And ANR v. State Of Bihar And ANR

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.35259 of 2015 Arising Out of PS.Case No. -27 Year- 2014 Thana -BIRUPUR SAHAYAK District- LAKHISARAI ======================================================

1. Chandan Ram Son of Suresh Ram

2. Chamo Devi @ Kajal Devi W/o Chandan Ram .... .... Petitioner/s

Versus

1. The State of Bihar.

2. Sri Sudhir Ram Son of Madan Ram .... .... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s : Mr. Rajendra Kumar, Advocate For the Opposite Party/s : Mr. S.M.Rahman(App) ====================================================== CORAM: HONOURABLE MR. JUSTICE DINESH KUMAR SINGH ORAL ORDER 20-08-2015 Heard learned counsels for the petitioners and the State.

The petitioner no.1 being younger brother of the husband of the victim and petitioner no.2 being wife of petitioner no.1 are apprehending arrest in a case registered for the offences punishable under Sections 302, 201 and 304B/34 of the Indian Penal Code.

Learned counsel for the petitioner is permitted to make necessary correction in the petition.

The accusation is of killing the daughter of the informant after about seven years of marriage for non-fulfillment of dowry demand.

It is submitted by learned counsel for the petitioners

Patna High Court Cr.Misc. No.35259 of 2015 (2) dt.20-08-2015 2/2 that the specific accusation for demand of dowry has been alleged against the husband of the victim and as per own admission of the informant the marriage was performed seven years prior to death of the victim, hence, the case does not come within the preview of 304B and the entire in-laws families have been made accused only on suspicion.

Considering the thrust of accusation against the husband of the victim who died after seven years of marriage, 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 12 weeks from today, on furnishing bail bond of `10,000/- (ten thousand) each with two sureties of the like amount each to the satisfaction of the learned Judicial Magistrate, 1st Class, Lakhisarai in connection with Birupur P.S. Case No.27 of 2014, subject to the conditions as laid down under Section 438(2) Cr.P.C.

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