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Patna High CourtCR. MISC./30743/2018bail granted

Rajesh Bhuiyan And ORS v. The State Of Bihar

2018-05-18Mr. Justice Dinesh Kumar Singh3 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.30743 of 2018 Arising Out of PS.Case No. -208 Year- 2017 Thana -AMAS District- GAYA ======================================================

1. Rajesh Bhuiyan, S/o Late Chhathu Bhuiyan,

2. Yugesh Bhuiyan @ Bhugesh Bhuiyan, S/o Late Chhathu Bhuiyan,

3. Basanti Devi, W/o Rajesh Bhuiyan,

4. Munki Devi, W/o Yugesh Bhuiyan @ Bhugesh Bhuiyan, All are R/o Vill.- Tetaria Gobardhanpur, P.S.- Amas, District- Gaya. .... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Md. Javed Jafar Khan For the Opposite Party/s : Mr. Sri Ashok Kumar Singh 1 ====================================================== CORAM: HONOURABLE MR. JUSTICE DINESH KUMAR SINGH ORAL ORDER 02/ 18-05-2018 Learned counsel for the petitioners is permitted to make necessary correction in paragraph 1 of the petition.

Heard learned counsel for the petitioners and learned APP for the State.

The petitioner nos. 1 and 2 being the brothers of the husband of the victim and petitioner nos. 3 and 4 being the wives of petitioner nos. 1 and 2 are apprehending their arrest in a case registered for the offences punishable under Sections 147, 304B and 201 of the Indian Penal Code.

The prosecution case got initiated with the

Patna High Court Cr.Misc. No.30743 of 2018 (2) dt.18-05-2018 written report of Gulab Bhuiyan dated 03.10.2017 submitted to the Station House Officer, Amas P.S., to the effect that the informant performed marriage of his daughter Anita Kumari with Rambrat Bhuiyan about 2 and 3 years prior to the lodging of the case. Subsequent to the marriage, further demand of Rs.25,000/- was made by the in-laws and for non-fulfillment of the same the victim was being tortured. The daughter of the informant was to come to her parents' place on 30.09.2017 but when she did not come the informant called the in-laws of his daughter on 01.10.2017, when he came to know that she died due to snake bite and her dead body has been cremated, thereafter the present case was registered.

It is submitted by learned counsel for the petitioners that petitioners are separate from the husband of the victim and there is omnibus and general accusation against the entire in-laws family including the petitioners. The husband of the victim is in custody.

Learned APP, however, submits that the petitioners are named in the FIR.

Considering the thrust of accusation against the husband of the victim, let the above named petitioners be released on anticipatory bail in the event of arrest or surrender before the

Patna High Court Cr.Misc. No.30743 of 2018 (2) dt.18-05-2018 learned Court below within a period of twelve weeks from today, on furnishing bail bonds of Rs.10,000/- (Ten thousand) each with two sureties of the like amount each to the satisfaction of learned Judicial Magistrate, Ist Class, Sherghati at Gaya in connection with Amas P.S. Case No. 208 of 2017, subject to the conditions as laid down under Section 438(2) of the Cr.P.C. (Dinesh Kumar Singh, J) DKS/- U T