Tikam Das Mandhyan And ANR v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Miscellaneous No.42304 of 2017 Arising Out of PS.Case No. -83 Year- 2017 Thana -LALIT NARAYAN UNIVERSITY DistrictDARBHANGA ======================================================
1. Tikam Das Mandhyan, Son of Late Khub Chand Mandhyan,
2. Smt. Bharti Devi W/o Tikam Das Mandhyan, R/o House No. 122, 333 Shashtri Nagar, P.S.- Kakadev, District- Kanpur (U.P.) .... .... Petitioners
Versus
The State of Bihar .... .... Opposite Party ====================================================== Appearance :
For the Petitioners : Mr. Amarendra Nath Verma, Advocate. For the State : Mr. Iftekhar Mahmood, A.P.P. For the Informant : Mr. Kedar Jha, Advocate. ====================================================== CORAM: HONOURABLE MR. JUSTICE SUDHIR SINGH ORAL ORDER 12-10-2017 Heard learned counsel for the petitioners, learned A.P.P. for the State and learned counsel for the opposite party no. 2.
The petitioners are apprehending their arrest in a case for the offence registered under Sections 304(B), 498(A), 302, 120(B), 379, 406 of the IPC and 3⁄4 of the D. P. Act. The prosecution story, in brief, is that the accused persons including the petitioners killed the victim due to nonfulfillment of demand of dowry. It has been submitted by learned counsel for the petitioners that the petitioners have got no criminal antecedent.
Patna High Court Cr.Misc. No.42304 of 2017 (3) dt.12-10-2017 2/3 There is no allegation of tampering with the witnesses alleged against the petitioners. The petitioners have falsely been implicated in the present case. The police after investigation has submitted final form against the petitioners. The case has proceeded on the basis of protest-cum-complaint. Death Summary issued by Apollo Hospital, New Delhi, is Annexure-3 to the present application. This indicates the cause of death- 'Post LSCSPuerperal Sepsis, Multiorgan Failure, Intracranial Bleed. The petitioners are in-laws of the victim. The petitioners are separate in mess and property from the husband of the deceased. On behalf of the learned counsels for the State and opposite party no. 2, it has been submitted that the petitioners are named in the F.I.R/ complaint case.
Considering the aforesaid facts and circumstances, let the petitioners above named, in the event of arrest or surrender before the learned court below within a period of six weeks from today, be released on anticipatory bail on furnishing bail bonds of Rs.10,000/- (Ten Thousand) each with two sureties of the like amount each to the satisfaction of the learned C.J.M. Darbhanga in connection with L.N.M.
University (Vishwa Vidyalaya (Darbhanga) P.S. Case No. 83 of 2017,subject to the conditions as laid down under Section 438(2) of the Code of Criminal
Patna High Court Cr.Misc. No.42304 of 2017 (3) dt.12-10-2017 3/3 Procedure.
U.K./- (Sudhir Singh, J) U