Sukhari Mian And ORS. v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.50698 of 2015 Arising Out of PS.Case No. -160 Year- 2014 Thana -LAURIYA DistrictWESTCHAMPARAN(BETTIAH) ======================================================

1. Sukhari Mian Son of Mustakin Mian,

2. Bhuar Mian, Son of Muslim Mian,

3. Bharati Mian, Son of Muslim Mian,

4. Chhathiya Khatoon, Wife of Muslim Mian, All are Resident of Village - Marhiya, Birti Tola, Police Station - Iauriya, District - West Champaran.

.... .... Petitioner/s

Versus

The State of Bihar .... .... Opposite Party/s ====================================================== CORAM: HONOURABLE MR. JUSTICE SUDHIR SINGH ORAL ORDER 10-02-2016 Heard learned counsel for the petitioners and the State. The petitioners are apprehending their arrest in a case instituted under Sections 302, 201 and 34 of the Indian Penal Code.

Allegation against the petitioners is that they have killed daughter of the informant due to non-fulfilment of demand of dowry.

It is submitted on behalf of the petitioners that they have got no criminal antecedent. From perusal of the F.I.R. it is evident that the informant had knowledge in respect to the incident on 5.10.2014. There is no explanation in respect to the delay in instituting the F.I.R. by the prosecution. Petitioner nos. 1 and 2 are Dewars of the deceased, petitioner no. 3 is Bhaisur of the deceased and petitioner no. 4 is mother-in-law of the deceased. They are separate in mess and property from the husband of the deceased. The husband of the deceased is in custody. On behalf of the State, it is submitted that petitioners are

Patna High Court Cr.Misc. No.50698 of 2015 (4) dt.10-02-2016 2/2 named in the F.I.R.

Considering the aforesaid facts and circumstances, let the above named petitioners, in the event of arrest or surrender in the court below within a period of six weeks, be released on bail on furnishing bail bond of Rs. 10,000/- (Ten thousand only) each with two sureties of the like amount each to the satisfaction of learned Addl.

Chief Judicial Magistrate, Bettiah, West Champaran, in connection with Lauriya P.S. Case no. 160 of 2014, subject to the conditions as laid down under Section 438(2) of the Code of Criminal Procedure.

(Sudhir Singh, J) sudip/- U T