Brijesh Sharma And ORS v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Miscellaneous No.36507 of 2015 Arising Out of PS.Case No. -62 Year- 2015 Thana -GOVINDGANJ DistrictEASTCHAMPARAN(MOTIHARI) ======================================================
1. Brijesh Sharma son of Late Rajbanshi Sharma,
2. Dinesh Sharma,
3. Manoj Sharma,
4. Nagmani Sharma @ Nagmuni Sharma,
5. Rajesh Kumar Sharma @ Rajesh Sharma All sons of Brijesh Sharma,
6. Lilawati Devi wife of Brijesh Sharma .... .... Petitioner/s
Versus
The State of Bihar .... .... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s : Mr. Umesh Chandra Verma, Advocate For the Opposite Party/s : Mr. S.Dayal(App) ====================================================== CORAM: HONOURABLE MR. JUSTICE DINESH KUMAR SINGH ORAL ORDER 10-09-2015 Heard learned counsels for the petitioners and the State.
The petitioners being father, brothers and mother of the husband of the victim are apprehending arrest in a case registered for the offences punishable under Sections 304B/201/34 of the Indian Penal Code.
Accusation is of killing the daughter of the informant after nine months of marriage for non-fulfillment of dowry demand.
It is submitted by learned counsel for the petitioners that the petitioners claim to be separate from the husband of the victim and accusation is omnibus and general against the entire
Patna High Court Cr.Misc. No.36507 of 2015 (2) dt.10-09-2015 2/2 in-laws family. It is further submitted that the victim died due to diarrhoea. Although five witnesses, including the informant, have been examined but none of them has supported the prosecution case.
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 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 SDJM, Sadar, Motihari, East Champaran in connection with Govindganj P.S. Case No.62 of 2015, subject to the conditions as laid down under Section 438(2) Cr.P.C.
The learned court below will be at liberty to cancel the bail bonds of the petitioners, if they default for two consecutive occasions.
(Dinesh Kumar Singh, J) Ashwini/- U T