Sanjay Kumar @ Sanjay Roy And ORS v. The State Of Bihar
Patna High Court Cr.Misc. No.11220 of 2016 (2) dt.03-05-2016
IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Miscellaneous No.11220 of 2016 Arising Out of PS.Case No. -761 Year- 2015 Thana -BHAGALPUR KOTWALI DistrictBHAGALPUR ======================================================
1. Sanjay Kumar @ Sanjay Roy
2. Monu Roy Both sons of Sheo Pujan Roy,
3. Kalawati Devi, Wife of Sri Sheo Pujan Roy resident of Village Chaturbhujpur, Police Station Sakaldiha, in the district of Chandauli (State of Uttar Pradesh), Presently residing at Postal Colony, Quarter No.41, Rajdhani Sinha Road, Adampur, Police Station- Adampur, in the district of Bhagalpur.
.... .... Petitioners
Versus
The State of Bihar .... .... Opposite Party ====================================================== Appearance :
For the Petitioners : Mr. Prabhu Narayan Sharma, Advocate For the Opposite Party : Mr. Rita Verma, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE SUDHIR SINGH ORAL ORDER 03-05-2016 Heard learned counsel for the petitioners and learned counsel for the State.
The petitioners are apprehending their arrest in connection with Bhagalpur Kotwali (Adampur) P.S. Case No. 761 of 2015 for the offences instituted under Sections 304B/34 of the Indian Penal Code.
As per the prosecution case, it is a case of murder of informant's married daughter, namely, Priyanka by the accused persons due to non-fulfilment of demand of dowry. It has been submitted on behalf of the petitioners that the petitioners have got no criminal antecedent. Petitioners have falsely been implicated in the present case. Petitioner no.1 is the
Patna High Court Cr.Misc. No.11220 of 2016 (2) dt.03-05-2016 husband of the deceased, petitioner no.2 is the brother-in-law of the deceased and petitioner no.3 is the mother-in-law of the deceased. There is no specific allegation against petitioner nos.2 and 3. It has been submitted that petitioner nos.2 and 3 are separate in mess and property from the husband of the deceased. On behalf of the State, it has been submitted that the petitioners are named in the F.I.R. and petitioner no.1 Sanjay Kumar @ Sanjay Roy is the husband of the deceased. Considering the aforesaid facts and circumstances, let the petitioners, namely, Monu Roy and Kalawati Devi, be released on bail in the event of their arrest or surrender before the learned court below within a period of six weeks from today in connection with Bhagalpur Kotwali (Adampur) P.S.
Case No. 761 of 2015 on furnishing bail bond of Rs.10,000/-(Ten Thousand) with two sureties of the like amount each to the satisfaction of the learned CJM, Bhagalpur, subject to the conditions as laid down under Section 438(2) of the Code of Criminal Procedure. As far as petitioner no.1, namely, Sanjay Kumar @ Sanjay Roy, his prayer for anticipatory bail is rejected. (Sudhir Singh, J) B.Kr.