Ashok Jha And ORS v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Miscellaneous No.42854 of 2015 Arising Out of PS.Case No. -70 Year- 2015 Thana -KUSHESHWARSTHAN DistrictDARBHANGA ======================================================
1. Ashok Jha Son of Bucchan Jha,
2. Buchhidai Devi, Wife of Ashok Jha,
3. Radha Devi, Wife of Bucchan Jha, All resident of village - Harinagar, P.O. &P.S. - KUsheshwar - Asthan, District - Darbhanga. .... .... Petitioner/s
Versus
1. The State of Bihar .... .... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s : Mr. Mukund Kumar For the Opposite Party/s : Mr. Manoj Kumar (App) ====================================================== CORAM: HONOURABLE MR. JUSTICE DINESH KUMAR SINGH ORAL ORDER 16-10-2015 Heard learned counsels for the petitioners and the State.
The petitioners being parents and grand mother 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 for non fulfillment of dowry demands. It is submitted by the learned counsel for the petitioners that as per own admission of the informant the
Patna High Court Cr.Misc. No.42854 of 2015 (2) dt.16-10-2015 2/3 marriage was performed eight years prior to the death of the victim, hence the case does not come within the purview of section 304B IPC. More over, the accusation is omnibus and general. The victim was suffering from Hepatitis B for which she was being treated at DMCH as well as by private doctor. Prescriptions of private doctor have been brought on record. It is further submitted that the husband of the victim is in custody.
It is submitted by Mr. Durganand Jha, learned counsel for the informant that the victim was tortured and killed for non-fulfillment of dowry demands.
Considering the own admission of the informant in the opening lines of the FIR that the marriage was performed eight years prior to the death 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 District and Sessions Judge, Darbhanga in connection with Kusheshwar Asthan P.S. Case No. 70 of
Patna High Court Cr.Misc. No.42854 of 2015 (2) dt.16-10-2015 3/3 2015 subject to the conditions as laid down under Section 438(2) Cr.P.C.
(Dinesh Kumar Singh, J) Anil/- U T