Nand Jee Singh And ORS v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Miscellaneous No.29775 of 2016 Arising Out of PS.Case No. -138 Year- 2016 Thana -PIRO District- BHOJPUR ======================================================
1. Nand Jee Singh Son of Late Ram Bharosh Singh,
2. Chandan Singh @ Chandan Kumar Singh, Son of Nand Jee Singh.
3. Kariya Singh @ Kariman Singh @ Rakesh Kumar Singh, son of Nand Jee Singh.
4. Juli Devi w/o Chandan Singh @ Chandan Kumar Singh. All Resident of village - Barauli, P.S, - Piro, District - Bhojpur (Ara). .... .... Petitioner/s
Versus
The State of Bihar .... .... Opposite Party/s ====================================================== Appearance:
For the Petitioner/s : Mr. Bachan Jee Ojha, Adocate. For the Opposite Party/s : Mr. Bharat Lal, A.P.P. ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR JHA ORAL ORDER 05-09-2016 Heard both sides.
The petitioners, namely, Nand Jee Singh, Chandan Singh @ Chandan Kumar Singh, Kariya Singh @ Kariman Singh @ Rakesh Kumar Singh and Juli Devi , apprehend their arrest in Piro P.S. Case No. 138/2016 registered under Sections 304(B), 201, 34 of the Indian Penal Code.
The informant, father of the deceased, alleged that his daughter was married to Mukesh Kumar Singh, son of the petitioner no. 1 and brother of petitioners no. 2 and 3. Petitioner no. 4 is the wife of the petitioner no. 2. It is alleged that the accused persons were assaulting the daughter of the informant. Her daughter gave birth to a son and a daughter. The son is the
Patna High Court Cr.Misc. No.29775 of 2016 (2) dt.05-09-2016 2/2 elder one. It is alleged that his daughter was burnt to death due to non-fulfillment of demand of dowry. It is submitted that Annexure-2 is the birth certificate from perusal of which it would appear that Sushma Devi, the daughter of the informant, gave birth to a child on 27.08.2010. The deceased was married to Mukesh Kumar Singh in the year 2007. The deceased was living with her husband along with her children and the petitioners have no manner of concern with them.
Considering the facts that the petitioners are fatherin-law, brothers-in-law and sister-in-law of the deceased and no specific allegation of assault or 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) each with two sureties of the like amount each to the satisfaction of the learned A.C.J.M., Bhojpur (Ara) in Piro P.S. Case No. 138/2016, subject to the conditions as laid down under Section 438(2) of the Code of Criminal Procedure.
(Prabhat Kumar Jha, J) Dilip/- U T