Patna High CourtCR. MISC./17352/2017bail granted

Kundan Bagbai And ANR v. The State Of Bihar

2017-05-11Mr. Justice Prabhat Kumar Jha2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.17352 of 2017 Arising Out of PS.Case No. -942 Year- 2016 Thana -BANKA District- BANKA ======================================================

1. Kundan Bagbai, Son of Indradeo Bagbai.

2. Diwakar Bagbai, Son of Indradeo Bagbai Both are Resident of VillageRanganiya, P.S. Banka, District-Banka .... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Brij Nandad Prasad, Adv. For the Opposite Party/s : Mr. Md. Arif, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR JHA ORAL ORDER 11-05-2017 Heard both sides.

The petitioners apprehend their arrest in Banka P.S. Case No. 942/2016, registered for the offences punishable under Sections 304(B), 34 of the Indian Penal Code. The informant father of the deceased alleged that his daughter was married to Budhan Bagbai on 24.06.2014, but her husband and other in-laws were subjecting her to physical and mental torture. On 22.11.2016, father-in-law of the daughter of the informant informed that his daughter consumed poison. The informant went there and brought his daughter to the hospital, but the doctor declared her dead.

Learned counsel for the petitioners submits that the

Patna High Court Cr.Misc. No.17352 of 2017 (3) dt.11-05-2017 2/2 petitioners are brothers-in-law (Dewar) of the deceased, younger brothers of the husband of the deceased. No specific allegation is made against the petitioners. The petitioners are student and they never demanded any dowry and never tortured the deceased. Considering the facts aforesaid and nature of allegation made against the petitioners and the fact that the petitioners are brothers-in-law (Dewar) of the deceased, the petitioners above-named, in the event of their arrest or surrender before the court below within a period of four weeks from the date of receipt/production of a copy of this order, are directed to be enlarged on bail on furnishing bail bond of Rs. 10,000/- (Ten thousand) each with two sureties of the like amount each to the satisfaction of Chief Judicial Magistrate, Banka in connection with Banka P.S. Case No. 942/2016, subject to the conditions as laid down under Section 438(2) of the Cr. P.C.

(Prabhat Kumar Jha, J) Vinita/- U T