Mithlesh Kumar @ Mithilesh Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.36150 of 2019 Arising Out of PS. Case No.-46 Year-2018 Thana- TILAUTHU District- Rohtas ====================================================== 1.

MITHLESH KUMAR @ MITHILESH KUMAR Son of Ashok Singh Resident of Village- Chatani Bigha, P.S.- Tilauthu, District- Rohtas. 2.

Kabita Devi Wife of Kamlesh Kumar Singh Resident of Village- Chatani Bigha, P.S.- Tilauthu, District- Rohtas.

... ... Petitioner/s

Versus

THE STATE OF BIHAR Bihar ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Rajani Kant Singh For the Opposite Party/s :

Mr.Gulnar Begum ====================================================== CORAM: HONOURABLE MR. JUSTICE VINOD KUMAR SINHA ORAL ORDER 01-10-2019 Heard learned counsel for the parties.

Petitioners are apprehending their arrest in connection with Tilauthu P.S.Case no.46 of 2018 , registered for offences punishable under Sections 304B, 201/34 of the Indian Penal Code.

Case is of the dowry death. Petitioner no.1 happens to be Dewar and the petitioner no.2 is second wife of the husband of the deceased.

Submission of the learned counsel for the petitioners is that FIR itself shows that the allegation of demand is against the husband and the husband is in custody and so far these petitioners are concerned, there is general allegation of assault

Patna High Court CR. MISC. No.36150 of 2019(4) dt.01-10-2019 2/2 of assault and causing death.

Heard learned A.P.P. , who has submitted that the death is due to strangulation and the dead body was found in the house, however, he has not controverted the fact that there is specific allegation ..

Having heard both sides and in view of the facts and circumstances, as stated above, let the petitioners, above named, in the event of arrest or surrender before the learned court below, be released on bail on furnishing bail bond of6 Rs.25,000/- (Twenty Five Thousand) each with two sureties of the like amount each to the satisfaction of the learned SDJM, Dehri, District Rohtas in connection with Tilauthu P.S.Case No.46 of 2018, subject to conditions as laid down under Section 438 (2) of the Code of Criminal Procedure with further condition to co-operate in the investigation. With the above direction, this application is allowed. (Vinod Kumar Sinha, J) chn/- U T