Kaushalya Devi @ Kaushlya Devi And ORS v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Miscellaneous No.45744 of 2015 Arising Out of PS.Case No. -155 Year- 2013 Thana -SIKARPUR DistrictWESTCHAMPARAN(BETTIAH) ======================================================
1. Kaushalya Devi @ Kaushlya Devi Wife of Sri Asarfi Sah,
2. Ramashankar Sah son of Sri Asarfi Sah
3. Shivshankar Sah @ Sheo Shankar Sah son of Sri Asarfi Sah
4. Harishankar SAh son of Sri Asarfi Sah
5. Seema Devi @ Sima Devi daughter of Sri Asarfi Sah, All residents of Village- Anjua, P.S.- Shikarpur, District- West Champaran. .... .... Petitioner/s
Versus
1. The State of Bihar .... .... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s : Mr. Umesh Chandra Verma For the Opposite Party/s : Mr. B.N. Pandey (App) ====================================================== CORAM: HONOURABLE MR. JUSTICE DINESH KUMAR SINGH ORAL ORDER 04-11-2015 Heard learned counsels for the petitioners and the State. The petitioners being mother, brothers and unmarried sister of the husband of the victim are apprehending arrest in a case registered for the offences punishable under Sections 304B/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 marriage was performed on 18th April, 2006 and the victim died on 24.5.2013, hence the case does not come within the purview of section 304B
Patna High Court Cr.Misc. No.45744 of 2015 (2) dt.04-11-2015 2/2 IPC. The accusation is omnibus and general and the thrust of accusation is against the husband of the victim who is in custody. 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 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 CJM, West Champaan at Bettiah in connection with Shikarpur P.S. Case No. 155 of 2013 subject to the conditions as laid down under Section 438(2) Cr.P.C. (Dinesh Kumar Singh, J) Anil/- U T