Birbal Kumar And ORS v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Miscellaneous No.50869 of 2017 Arising Out of PS. Case No.-234 Year-2017 Thana- MANER District- Patna ======================================================
1. Birbal Kumar, S/o Srinath Rai,
2. Srinath Rai S/o Ramun Rai,
3. Aitwariya Devi W/o Srinath Rai, All of Village -Rewa Hira Tola, P.S.- Maner, District- Patna.
... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Anuj Kumar For the Opposite Party/s :
Mr. SMT SANGEETA SHARMA ====================================================== CORAM: HONOURABLE MR. JUSTICE ARVIND SRIVASTAVA ORAL ORDER 19-12-2017 Heard learned counsels for the petitioners and the State. Petitioners apprehend arrest in connection with Maner P.S. Case No. 234 of 2017 registered for the offence punishable under sections 304B/34 of the Indian Penal Code. At the outset learned counsel for the petitioners seeks permission to withdraw the application as against petitioner no.2.
Permission is granted.
The application, thus, stands dismissed as withdrawn as against petitioner no. 2, namely, Srinath Rai. As regards rest of the petitioners, learned counsel submits that petitioner nos. 1 & 3 are Devar and mother-in-law of the deceased. The allegations levelled are general and omnibus
Patna High Court Cr.Misc. No.50869 of 2017(4) dt.19-12-2017 2/2 against all the accused persons. No allegation of any specific overt act has been alleged against any of the petitioners with regard to demand of dowry or torture. As a matter of fact, the deceased died in an accident while cooking. Petitioners have been implicated in this case merely on suspicion. Petitioners have no criminal antecedent.
Considering the facts and circumstances of the case and the submissions advanced on behalf of the parties, let the petitioner nos. 1 & 3, above named, in the event of arrest or surrender within a period of four weeks from today, be released on bail on furnishing bail bonds of Rs. 10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of Chief Judicial Magistrate, Patna in connection with Maner P.S. Case No. 234 of 2017 subject to the conditions laid down under section 438(2) Cr.P.C.
(Arvind Srivastava, J) mcv/- U T