Tara Devi And ANR v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.36061 of 2015 Arising Out of PS.Case No. -123 Year- 2015 Thana -SAMASTIPUR District- SAMASTIPUR ======================================================

1. Tara Devi Wife of Late Suresh Paswan

2. Vikash Kumar Son of Late Suresh Paswan Both Resident of village - Mohalla - Kashipur, P.S. Samastipur Town, District - Samastipur .... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Jitendra Narain Sinha For the Opposite Party/s : Mr. Nand Kishore Pd.(App) ====================================================== CORAM: HONOURABLE MR. JUSTICE DINESH KUMAR SINGH ORAL ORDER 02/ 21-08-2015 Heard learned counsels for the petitioners and the State.

The petitioners being the mother and brother of the husband of the victim are apprehending their arrest in a case registered for the offences punishable under Sections 304B/34 of the Indian Penal Code and 3/4 of Dowry Prohibition Act.

The accusation is of killing the sister of the informant after six years of marriage for non-fulfillment of the dowry demand by causing burn injury.

It is submitted by learned counsel for the petitioners that the victim received accidental burn injury when

Patna High Court Cr.Misc. No.36061 of 2015 (2) dt.21-08-2015 2/2 she was given medical assistance as she died in DMCH while undergoing treatment and thrust of accusation is against the husband of the victim.

Considering the fact that the victim died after six years of the marriage and she was provided medical assistance, let the above named petitioners be released on anticipatory bail in the event of their arrest or surrender before the learned court below within a period of twelve weeks from today, on furnishing bail bonds of Rs.10,000/- (Ten thousand) each with two sureties of the like amount each to the satisfaction of learned Chief Judicial Magistrate, Samastipur in connection with Samastipur Town P.S. Case No. 123 of 2015, subject to the conditions as laid down under Section 438(2) of the Cr.P.C. (Dinesh Kumar Singh, J) DKS/- U T