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Patna High CourtCR. MISC./669/2015bail granted

Arjun Mandal And ORS. v. The State Of Bihar

2015-02-02Mr. Justice Prabhat Kumar Jha2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.669 of 2015 Arising Out of PS.Case No. -30 Year- 2014 Thana -SONO District- JAMUI ======================================================

1. Arjun Mandal Son of Late Girdhari Mandal

2. Shambhu Mandal son of R Arjun Mandal

3. Asha Devi Wife of Shambhu Mandal All rdesident of Village - Shyampaira, P.S.- Sono, District - Jamui.

.... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Pankaj Kumar Sinha, Advocate. For the Opposite Party/s : Mr. Gauri Shankar Gupta (App) ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR JHA ORAL ORDER 02-02-2015 Heard both sides.

The petitioners apprehend their arrest in Sono P.S. Case No. 30 of 2014, registered for the offences punishable under Section 304B and other Sections of the Indian Penal Code and Sections 3/4 of the Dowry Prohibition Act.

The father of the deceased alleged that he married his daughter in the year 2013 and he sent his daughter on 19.02.2014 to her Sasural, but on 21.02.2014, he got information that the accused persons killed his daughter by throwing her inside the well.

Learned counsel for the petitioners submits that the petitioners are father-in-law, brother-in-law and sister-in-law of

Patna High Court Cr.Misc. No.669 of 2015 (3) dt.02-02-2015 the deceased. There is no allegation against the petitioners that they ever tortured the deceased on account of non-fulfillment of demand of dowry. The mother-in-law was put on trial and the informant did not support the case. The husband is in jail. The doctor found that the death is on account of asphyxia and no other injuries was found on the body of the deceased.

Having considered the facts aforesaid that the petitioners are father-in-law, brother-in-law and sister-in-law of the deceased and there is no allegation against the petitioners, the husband is in jail and the doctor found the cause of death asphyxia, the petitioners, in the event of their arrest or surrender before the 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 bonds of Rs. 10,000/- (Ten Thousand) each with two sureties of the like amount each to the satisfaction of the learned Chief Judicial Magistrate, Jamui, in connection with Sono P.S. Case No. 30 of 2014, subject to the conditions as laid down under Section 438(2) of the Cr.P.C. (Prabhat Kumar Jha, J.)