Mantu Kumar Mistry @ Mantoo Mistry And ORS. v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Miscellaneous No.30422 of 2014 Arising Out of PS.Case No. -11 Year- 2014 Thana -SALAIYA District- AURANGABAD ======================================================
1. Mantu Kumar Mistry @ Mahto Mistry Son of Bineshwar Mistry
2. Santi Devi Wife of Bineshwar Mistry
3. Bindeshwar Mistry Son of Mahadeo Mistry All residnet of village- Bela, P.S.- Salaiya, District- Aurangabad .... .... Petitioner/s
Versus
1. The State of Bihar .... .... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s : Mr. Leelawati Kumari For the Opposite Party/s : Mr. B.M.P.Sinha(App) ====================================================== CORAM: HONOURABLE MR. JUSTICE DINESH KUMAR SINGH ORAL ORDER 19-03-2015 Heard learned counsels for the petitioners and the State. The petitioners being brother and parents of the husband of the victim are apprehending arrest in a case registered for the offences punishable under Sections 304B and 201/34 of the Indian Penal Code.
The accusation is of killing the daughter of the informant after one and half years of marriage for non fulfillment of dowry demands and disposing of the dead body. It is submitted by the learned counsel for the petitioners that during investigation in paragraphs 9,10,11,20 and 21 of the case diary the witnesses have suggested that these petitioners were not at home when the victim died. This contention of learned
Patna High Court Cr.Misc. No.30422 of 2014 (4) dt.19-03-2015 2/2 counsel for the petitioners has not been controverted by the learned APP after going through the case diary. 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 learned Court below within a period of twelve weeks from today on furnishing bail bond of Rs. 10,000/- (ten thousand) each with two sureties of the like amount each to the satisfaction of learned CJM, Aurangabad in connection with Salaiya P.S. Case No. 11 of 2014 subject to the conditions as laid down under Section 438(2) Cr.P.C.
(Dinesh Kumar Singh, J) Anil/- U T