Patna High CourtCR. MISC./1058/2015disposed

Dharmendra Kumar And ANR. v. The State Of Bihar

2015-05-07Mr. Justice Sudhir Singh4 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.584 of 2015 Arising Out of PS.Case No. -145 Year- 2014 Thana -CHARIABARIYARPUR DistrictBEGUSARAI ======================================================

1. Bhavesh Kumar

2. Sanjiv Singh@Kanhaiya Singh@Kanhaiya Kumar Both sons of Sri Bishwanath Singh

3. Ram Nagina Devi Wife of Sri Bishwanath Singh All R/o Vill.- Siwri,P.SCheriya Bariyarpur Distt.-Begusarai. .... .... Petitioner/s

Versus

The State of Bihar .... .... Opposite Party/s ====================================================== with Criminal Miscellaneous No.1058 of 2015 Arising Out of PS.Case No. -145 Year- 2014 Thana -CHARIABARIYARPUR DistrictBEGUSARAI ======================================================

1. Dharmendra Kumar Son of Sri Ganesh Singh

2. Bulbul Devi Wife of Sri Dharmendra Kumar Both resident of village - Korjana, Police Station - Cheriya Bariyarpur, in the district of Begusarai. .... .... Petitioner/s

Versus

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

(In Cr.Misc. No.584 of 2015) For the Petitioner/s : Mr. Prabhu Narayan Sharma For the Opposite Party/s : Mr. Anuradha Singh(App) (In Cr.Misc. No.1058 of 2015) For the Petitioner/s : Mr. Prabhu Narayan Sharma For the Opposite Party/s : Mr. Madhuri Lata(App) ====================================================== CORAM: HONOURABLE MR. JUSTICE SUDHIR SINGH ORAL ORDER 07-05-2015 The petitioners are apprehending their arrest in connection with Cheriya Bariyarpur P.S.Case No. 145 of 2014 instituted under Sections 304B/34 of the Indian Penal Code.

2/4 As these cases arise out of the same police station case number, they have been heard together and are being disposed of by this common order.

Heard learned counsel for the petitioners and the State. The prosecution story, in brief, is that informant, Manju Devi, filed a written application that the marriage of her daughter Mamta Devi was solemnized on 04.06.2009 with Sanjeev Singh alias Kanhaiya. At the time of marriage she gifted, cash, ornaments, furniture etc. to the daughter and her husband. Her daughter went to her sasural. There her husband and other accused persons started demand of dowry. The husband of the informant on the occasion of Durga Puja provided Rs. 50,000/- to Sanjeev Kumar for purchasing motor cycle. Thereafter the accused persons started demand of cash and due to non fulfillment of demand they started torturing with the daughter of the informant. On 8.7.2014 the daughter of the informant told her on mobile no. 7250253070 that they can murder me because you have not paid the cash and provided freeze and switch of mobile became off. On 9.7.2014 she was informed that her daughter has been murdered by husband, mother-in-law, father-in-law and by other family members of her sasural.

It has been submitted on behalf of the petitioners that

3/4 the husband of the deceased is Sanjeev Singh. Further it has been submitted that petitioner- Bhavesh Kumar is the brother of the husband, petitioner- Ram Nagina Devi is he mother-in-law of the deceased, petitioner- Dharmendra Kumar is the husband of the Nanad of the deceased, petitioner- Bulbul Devi is the Nanad of the deceased. It has been submitted that the main allegation is against the husband of the deceased. The petitioners (except husband) have got no concern with the affairs of the deceased and her husband.

On behalf of the State, it has been submitted that the peitioners are named in the FIR.

Considering the aforesaid facts, the prayer for anticipatory bail of petitioner no.2 Sanjiv Singh @ Kanhaiya Singh @ Kanhaiya Kumar in Cr. Misc. No. 584/2015 stands rejected. However, if he surrenders in the court below within a period of six weeks and seek regular bail, the same shall be considered on its own merit.

Let the above named petitioners (except petitioner no.2- Sanjiv Singh @ Kanhaiya Singh @ Kanhaiya Kumar in Cr. Misc. No. 584 of 2015), in the event of their arrest or surrender in the court below within a period of six weeks, be released on bail on furnishing bail bond of Rs. 10,000/- (ten thousand) each with

4/4 two sureties of the like amount each to the satisfaction of learned C.J.M., Begusarai in connection with Cheriya Bariyarpur P.S.Case No. 145 of 2014, subject to the conditions as laid down u/s 438(2) Cr.P.C.

(Sudhir Singh, J) singh/- U