Upendra Singh And ORS. v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Miscellaneous No.19730 of 2016 Arising Out of PS.Case No. -18 Year- 2016 Thana -BARAULI District- GOPALGANJ ======================================================
1. Upendra Singh Son of Late Shyamdeo Singh
2. Meera Devi Wife of Upendra Singh
3. Chhotan Singh Son of Upendra Singh
4. Ragini Devi Daughter of Upendra Singh All resident of village - Ratansarai, P.S. Barauli, District - Gopalganj .... .... Petitioner/s
Versus
1. The State of Bihar .... .... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s : Mr. Mohammad Sufyan For the Opposite Party/s : Mr. C.Sen Prasad Singh (App) ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR JHA ORAL ORDER 02-08-2016 Heard both sides.
The petitioners apprehend their arrest in Barauli P.S. case No. 18/2016 under Section 302/34 of the Indian Penal Code. The informant alleged that he got secret information that his sister was killed and when he went to the house of his sister he found his sister lying dead. The informant alleged that the accused persons including the husband of his sister were demanding money and vehicle and that is why they killed his sister.
It is submitted that the marriage was solemnized in the year 2007. During the period of nine years no case was lodged for demand of dowry and torture. It is submitted that deceased was suffering from disease and doctor found in the post mortem report
Patna High Court Cr.Misc. No.19730 of 2016 (3) dt.02-08-2016 2/2 that on account of anaemia and chronic lung disease the deceased died. It is further submitted that the petitioners are father-in-law, mother-in-law, brother-in-law and sister-in-law of the deceased and the witnesses have stated that husband of the victim, Chandan Singh, was torturing his wife.
Considering the fact that petitioners are in-laws of the deceased, marriage was solemnized in the year 2007 and no specific allegation of demand of dowry is made against the petitioners, the above named petitioners, in the event of their arrest or surrender before the learned court below within a period of four weeks from the date of receipt / production of a copy of this order, are directed to be enlarged on bail on furnishing bail bond of Rs. 10,000/- (Ten thousand) with two sureties of the like amount each to the satisfaction of the learned Chief Judicial Magistrate, Gopalganj in Barauli P.S. Case No. 18 of 2016, subject to the conditions as laid down under Section 438(2) of the Code of Criminal Procedure.
(Prabhat Kumar Jha, J) BKS/- U T