Mantu Kumar @ Mantu Singh And ANR v. The State Of Bihar

Patna High Court Cr.Misc. No.19252 of 2015 (4) dt.30-07-2015

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.19252 of 2015 Arising Out of PS.Case No. -157 Year- 2014 Thana -AKBARPUR District- NAWADA ======================================================

1. Mantu Kumar @ Mantu Singh Son of Late Siya Singh,

2. Chanchala Devi, W/o Mantu Singh, Both resident of village Bareb P.S. - Akabarpur District - Nawada. .... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Shivendra Prasad For the Opposite Party/s : Mr. Indra Kumar Singh(App) ====================================================== CORAM: HONOURABLE MR. JUSTICE JITENDRA MOHAN SHARMA ORAL ORDER 30-07-2015 Heard learned counsel for the petitioners and learned counsel representing the State.

Petitioners apprehend their arrest in connection with Akwarpur P.S. Case No. 157 of 2014 registered for the offences punishable under Sections 304B, 201/34 of the Indian Penal Code.

The sister of the informant was married with Rajiv Kumar on 06.04.2006 and after marriage she was kept peacefully for one year and thereafter, the husband started demanding motorcycle and cash of rupees two lacs and due to non-fulfillment she was being tortured and assaulted and ultimately she was burnt to death and from place of cremation the dead body was taken in possession by the Police.

Patna High Court Cr.Misc. No.19252 of 2015 (4) dt.30-07-2015 Submission is of false of implication and that the petitioner no. 1 is the elder brother of the husband of the deceased whereas the petitioner no. 2 is the wife of petitioner no. 1 and both are living separately from the husband of the deceased having no concern with their family affairs. The petitioners have been named only with a view to harass and further there is no specific allegation against them, as such, they deserve sympathetic consideration to which the learned APP opposes.

In the facts and circumstances stated above and considering the submissions that the petitioners are living separately and, as such, the petitioners above named in case of their surrender or arrest within two months from the date of receipt/production of a copy of this order, shall be released on bail on execution of bail bonds of Rs. 10,000/- (ten thousand) each with two sureties of the like amount each to the satisfaction of the learned Chief Judicial Magistrate, Nawada in connection with Akwarpur P.S. Case No. 157 of 2014, subject to the conditions as laid down under Section 438 (2) of the Cr.P.C.