Sikandar Bind And ORS v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.19714 of 2018 Arising Out of PS. Case No.-215 Year-2017 Thana- GHOSI District- Jehanabad ======================================================

1. Sikandar Bind, S/o Birje Bind,

2. Yogender Bind, S/o Birje Bind,

3. Rube Devi W/o Sikandar Bind,

4. Asha Devi W/o Yogender Bind, All R/o Village- Ahiyasa, P.S.- Ghosi, District- Jehanabad. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Ajay Kumar, Adv.

For the Opposite Party/s :

Mr. J. N. Thakur, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE DINESH KUMAR SINGH ORAL ORDER 05-04-2018 Heard learned Counsel for the petitioners and learned APP for the State.

Petitioner nos. 1 and 2, being brother of the husband of the victim and petitioner nos. 3 and 4 being the wives of petitioner nos. 1 and 2 respectively, are apprehending arrest in a case registered for the offences punishable under Sections 304B and 201/34 of the Indian Penal Code.

The prosecution case got initiated on the basis of written report dated 28.08.2017 submitted by Sarvesh Jamadar to the Station House Officer, Ghoshi Police Station to the effect that daughter of the informant namely Lilu Devi was married with Jitendra Bind about three years prior to lodging of the case. It is

Patna High Court Cr.Misc. No.19714 of 2018(2) dt.05-04-2018 2/3 alleged that on 27.08.2017, all the in-laws family members including the petitioners killed the daughter of the informant and disposed of the dead body. It is also alleged the victim was being tortured for non-fulfillment of dowry demand. It is submitted by learned counsel for the petitioners that accusation is omnibus and general and the thrust of accusation is against the husband of the victim, who is in custody and considering the omnibus and general nature of accusation, the parents of the husband of the victim have been granted anticipatory bail vide Criminal Miscellaneous No. 59385 of 2017. The said order has been brought on record as Annexure-2. A statement has been made in paragraph no.3 of the petition that the petitioners are not having any criminal antecedent.

It is submitted by Mr. J. N. Thakur, learned APP for the State that there is accusation against the petitioners also, though they are named in the formal part of the FIR. Considering the thrust of accusation against the husband of the victim, coupled with statement made in paragraph no.

Patna High Court Cr.Misc. No.19714 of 2018(2) dt.05-04-2018 3/3 furnishing bail bond of Rs.10,000/- (ten thousand) each with two sureties of the like amount each to the satisfaction of the learned SDJM, Jehanabad, in connection with Ghoshi P.S. Case No.215 of 2017, subject to the conditions as laid down under Section 438(2) of the Cr.P.C.

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