Nageshwar Sah And ANR v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.30594 of 2018 Arising Out of PS. Case No.-464 Year-2017 Thana- GARKHA District- Saran ======================================================

1. Nageshwar Sah

2. Meena Devi ... ... Petitioner/s

Versus

The State Of Bihar ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Ashok Kumar For the Opposite Party/s :

Mr. Sri Satyendra Prasad ====================================================== CORAM: HONOURABLE MR. JUSTICE DINESH KUMAR SINGH ORAL ORDER 17-05-2018 Heard learned counsels for the parties.

The petitioners are apprehending arrest in a case registered for the offences punishable under sections 304B/34 of the IPC.

The prosecution case got initiated with the Fardbeyan of Ganga Sah recorded by ASI of Garkha Police Station on 20.11.2017 at 11 A.M. to the effect that the informant performed marriage of his daughter Asha Devi with Raju Kumar Sah. After the marriage, further dowry demand of Rupees Two Lacs was made. When the informant's daughter conveyed about the demand to him, then he went to the inlaw's house of his daughter and pacified the issue. Subsequently, the informant's daughter came to her parents house and she returned to her in-law's house on 10.11.2017 when further demand of dowry was repeated. On 20.11.2017

Patna High Court Cr.Misc. No.30594 of 2018(2) dt.17-05-2018 2/3 the informant received an information that his daughter has been killed. On receiving such information, the informant went to the in-law's house of his daughter and found her dead, when it was suspected that the accused persons have killed his daughter.

It is submitted by learned counsel for the petitioners that the thrust of accusation is against the husband of the victim. The accusation is omnibus and general against the petitioners. The petitioners are old persons and there is no specific accusation against them for demand of dowry. It is further submitted that the case has not been registered under the provisions of Dowry Prohibition Act.

Learned APP submits that the petitioners are named in the FIR with accusation.

Considering the thrust of accusation against the husband of the victim, let the petitioners above named be released on anticipatory bail in the event of arrest or surrender within 12 weeks on furnishing bail bond of Rs.10,000/- (ten thousand) each with two sureties of the like amount each to the satisfaction of the learned ACJM, Saran at Chapra in connection with Garkha P.S. Case No.464 of 2017 subject to the conditions laid down in Section 438(2)

Patna High Court Cr.Misc. No.30594 of 2018(2) dt.17-05-2018 3/3 of the Cr.P.C.

(Dinesh Kumar Singh, J) anil/- U