Patna High CourtCR. MISC./12077/2016bail granted

Kaushalya Devi And ANR v. The State Of Bihar

2016-03-11Mr. Justice Dinesh Kumar Singh2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.12077 of 2016 Arising Out of PS.Case No. -193 Year- 2015 Thana -PUNPUN District- PATNA ======================================================

1. Kaushalya Devi, Wife of Dinesh Singh

2. Dinesh Singh alias Dinesh Prasad Singh, Son of Late Sheo Lagan Singh, Resident of Village- Neema (Baisa), PS- Punpun, Town and DistrictPatna. .... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Bajarangi Lal For the Opposite Party/s : Mr. J.N.Thakur(App) ====================================================== CORAM: HONOURABLE MR. JUSTICE DINESH KUMAR SINGH ORAL ORDER 11-03-2016 Petitioners being parents of the husband of the daughter of the informant are apprehending their arrest in a case registered for the offences punishable under Sections 498A, 304B, 120B of the Indian Penal Code and Section 3⁄4 of the Dowry Prohibition Act.

The accusation is of killing the daughter of the informant for non-fulfilment of dowry demand by administering poison.

It is submitted by learned counsel for the petitioners that as per the own admission of the informant that the marriage was performed in 2007 and the victim died in 2015, the case does not come within the purview of Section 304B I.P.C. The accusation is omnibus and general. The victim was provided medical assistance and the impugned order does

Patna High Court Cr.Misc. No.12077 of 2016 (2) dt.11-03-2016 2/2 not suggest that even resisting injury was found on the person of the victim and the thrust of accusation is against the husband of the victim.

Considering the aforesaid facts, let the petitioners, above named, in the event of their arrest or surrender before the Court below within a period of 12 weeks from today, be released on anticipatory bail on furnishing bail bond of Rs. 10,000/-(ten thousand) each with two sureties of the like amount each to the satisfaction of learned chief Judicial Magistrate, Patna in connection with Punpun P.S. Case No. 193 of 2015, subject to the conditions as laid down under Section 438(2) of the Cr.P.C.

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