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Patna High CourtCR. MISC./38850/2015bail granted

Dwarika Sah And ANR v. The State Of Bihar

2015-09-30Mr. Justice Dinesh Kumar Singh2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.38850 of 2015 Arising Out of PS.Case No. -83 Year- 2015 Thana -MAHARAJGANJ District- SIWAN ======================================================

1. Dwarika Sah Son of late Raghubir Sah.

2. Vijanti Devi w/o Dwarika Sah. Both resident of Village- Rishoura Police Station- Maharajganj, District- Siwan.

.... .... Petitioner/s

Versus

1. The State of Bihar.

.... .... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s : Mr. Ashok Kumar For the Opposite Party/s : Mr. Sanjay Kr.Tiwary 1(App) ====================================================== CORAM: HONOURABLE MR. JUSTICE DINESH KUMAR SINGH ORAL ORDER 30-09-2015 Heard learned counsels for the petitioners and the State. The petitioners being parents of the husband of the victim are apprehending arrest in a case registered for the offences punishable under Sections 304B and 201/34 of the Indian Penal Code.

The accusation is of killing the daughter of the informant by causing burn injury after six years of marriage for non fulfillment of dowry demands.

It is submitted by the learned counsel for the petitioners that the accusation is omnibus and general against the entire inlaws family including the petitioners and the petitioners claim to be separate from the husband of the victim. A certificate to that

Patna High Court Cr.Misc. No.38850 of 2015 (2) dt.30-09-2015 2/2 effect has been issued by the Sarpanch of the concerned Grampanchayat. The same has been brought on record as Annexure 2. It is further submitted that the husband of the victim has not been made accused since he was abroad on the date of occurrence and the victim died due to accidental burn injury. Considering the accusation being omnibus and general against the entire in-laws family of the victim, 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 twelve weeks from today on furnishing bail bond of Rs. 10,000/- (ten thousand) each with two sureties of the like amount each to the satisfaction of learned JM, Siwan in connection with Maharajganj P.S. Case No. 83 of 2015 subject to the conditions as laid down under Section 438(2) Cr.P.C.

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