Kundan Sah And ORS v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.58105 of 2018 Arising Out of PS.Case No. -276 Year- 2017 Thana -MANSI District- BHABHUA (KAIMUR) ======================================================

1. Kundan Sah

2. Karelal Sah

3. Bajrangi Sah, All sons of Shiv Shankar Sah, resident of VillageBalkunda P.S. Mansi, District Khagaria. .... .... Petitioners

Versus

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

For the Petitioners : Mr. Binay Kumar For the Opposite Party : Mr. Panchanand Pandit ====================================================== CORAM: HONOURABLE MR. JUSTICE SUDHIR SINGH ORAL ORDER 08-10-2018 Heard learned counsel for the petitioners and learned APP for the State.

The petitioners are apprehending their arrest in a case registered under Sections 302, 201/34 of the Indian Penal Code. The prosecution case, in brief, is that daughter of the informant was done to death by accused persons for nonfulfillment of demand of dowry. It has been submitted on behalf of the petitioners that the petitioners have got no criminal antecedent. There is no allegation of tampering of witnesses alleged against the petitioners. The petitioner No. 1 is husband of the deceased. The petitioner Nos. 2 & 3 are brothers-in-law of the deceased. They are separate in mess and property from petitioner No. 1. They have no concern with the alleged occurrence. The alleged occurrence is said to have taken

Patna High Court Cr.Misc. No.58105 of 2018 (2) dt.08-10-2018 place after nine years of the marriage. The petitioner No. 1 is husband of the deceased. The petitioner No. 1 is fully responsible for care and protection of the deceased.

On behalf of the State and the informant, it is submitted that the petitioners are named in the Complaint Case/F.I.R. Considering the aforesaid facts and circumstances, I am not inclined to grant anticipatory bail to the petitioner No. 1. Accordingly, prayer for anticipatory bail of the petitioner No. 1 is rejected.

So far petitioner Nos. 2 & 3 named above are concerned, in the event of arrest/surrender before the learned court below within a period of six weeks from today, they are directed to be released on anticipatory bail on furnishing bail bonds of Rs.10,000/- (Ten thousand) each with two sureties of the like amount each to the satisfaction of learned Chief Judicial Magistrate, Khagaria in connection with Mansi P.S. Case No. 276 of 2018, subject to the conditions as laid down under Section 438(2) of the Code of Criminal Procedure.

(Sudhir Singh, J) A.K.V./- U T