Patna High CourtCR. MISC./384/2016bail granted

Basudeo Singh And ANR v. The State Of Bihar

2016-01-07Mr. Justice Dinesh Kumar Singh2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.384 of 2016 Arising Out of PS.Case No. -106 Year- 2015 Thana -MEHANDIA District- JEHANABAD ======================================================

1. Basudeo Singh son of late Jay Govind Singh

2. Chandrawati Devi w/o Basudeo Singh .... .... Petitioner/s

Versus

1. The State of Bihar.

.... .... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s : Mr. Kumar Chandra Shekhar, Advocate For the Opposite Party/s : Mr. Dr. Kumar Uday Pratap(App) ====================================================== CORAM: HONOURABLE MR. JUSTICE DINESH KUMAR SINGH ORAL ORDER 07-01-2016 Heard learned counsels for the petitioners and the State.

The petitioners being the parents 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 prosecution case is of killing the niece of the informant for non-fulfillment of dowry demand. It is submitted by learned counsel for the petitioners that as per own admission of the informant in the FIR the victim died after 9 years of marriage, hence, the case does not come within the purview of section 304B/34 IPC. In fact, the victim received accidental burnt injuries while cooking and was provided the medical assistance.

Patna High Court Cr.Misc. No.384 of 2016 (2) dt.07-01-2016 2/2 Considering the fact that marriage of the victim, as per own admission of the informant in the FIR, was performed in 2006 and the victim died in 2015, 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, Arwal in connection with Mehandia P.S. Case No.106/2015, subject to the conditions as laid down under Section 438(2) Cr.P.C.

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