Ramesh Sahani And ORS. v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Miscellaneous No.89 of 2016 Arising Out of PS.Case No. -185 Year- 2015 Thana -MINAPUR District- MUZAFFARPUR ======================================================
1. Ramesh Sahani Son of late Ramashish Sahani
2. Pappun Sahani son of late Ramashish Sahani
3. Palti Devi Wife of late Ramashish Sahani .... .... Petitioner/s
Versus
1. The State of Bihar .... .... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s : Mr. Malay Kumar Choudhary, Advocate For the Opposite Party/s : Mr. Upendra Kumar(App) ====================================================== CORAM: HONOURABLE MR. JUSTICE DINESH KUMAR SINGH ORAL ORDER 05-01-2016 Heard learned counsels for the petitioners and the State.
The petitioners being the brothers and mother of the husband of the victim are apprehending arrest in a case registered for the offences punishable under Sections 304B, 120B and 201 of the Indian Penal Code.
Accusation is of killing the daughter of the informant for non-fulfillment of dowry demand.
It is submitted by learned counsel for the petitioners that accusation is omnibus and general and as per own admission of the informant, in the FIR, marriage was performed seven years prior to death of the victim, hence, the case does not come within the preview of section 304B IPC. In fact, the victim died due to
Patna High Court Cr.Misc. No.89 of 2016 (2) dt.05-01-2016 2/2 some illness 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 12 weeks from today, on furnishing bail bond of `10,000/- (ten thousand) each with two sureties of the like amount each to the satisfaction of the learned CJM, Muzaffarpur in connection with Minapur P.S. Case No.185/2015, subject to the conditions as laid down under Section 438(2) Cr.P.C.
(Dinesh Kumar Singh, J) Ashwini/- U T