Subhnarayan Singh And ANR v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.37436 of 2014 Arising Out of PS.Case No. -43 Year- 2014 Thana -MASRAKH District- SARAN ======================================================

1. Subhnarayan Singh Son of Late Yamuna Singh

2. Birendra Singh Son of Sri Yugul Kishore Singh Both residents of village - Chandbarwa, P.S.- mashrak, District- Saran at Chapra. .... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Neeraj Kumar Alias Sanidh For the Opposite Party/s : Mr. S.N.Shukla(App) ====================================================== CORAM: HONOURABLE MR. JUSTICE JITENDRA MOHAN SHARMA ORAL ORDER 25-03-2015 Heard learned counsel for the petitioners as well as learned counsel for the State.

In this application for anticipatory bail the petitioners apprehend their arrest for the offences punishable under sections 304 (B) and 201/34 of the I.P.C.

Allegedly, the petitioners who are cousin father-inlaw and cousin Bhaisur of the sister of the informant along with others used to torture and assault her for not fulfilling the demand of dowry and ultimately she was burnt to death within seven years of marriage and her dead body was also disposed of. Submission is that the petitioners are living separately since 1994 after partition. They have got separate Ration card

Patna High Court Cr.Misc. No.37436 of 2014 (2) dt.25-03-2015 2/2 under BPL. They have also purchased separate land in their name and name of their wives. The deceased died due to diarrhea and vomiting and she was treated by the doctor and after her death her Naiher people started demanding the expenditure incurred in the marriage and on refusal the present case has been filed, to which the learned A.P.P. opposes.

Considering that against the petitioners there is no specific allegation and they are cousin father-in-law and cousin Bhaisur and as such they in case of their arrest or surrender within two months from the date of receipt/production of a copy of this order shall be released on bail on furnishing bail bonds of Rs. 10,000/- (Ten thousand) each with two sureties of the like amount each to the satisfaction of. Sri P.K. Choudhary, Judicial Magistrate, Chapra in Mashrak P.S. Case No. 43 of 2014, subject to the conditions as laid down in section 438 (2) of the Cr.P.C. (Jitendra Mohan Sharma, J) Abhay/- U T