Maksudan Jamadar And ANR v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.52011 of 2015 Arising Out of PS.Case No. -87 Year- 2015 Thana -HARNAUT District- NALANDA (BIHARSHARIFF) ======================================================

1. Maksudan Jamadar, Son of Siya Jamadar

2. Luxminia Devi, wife of Maksudan Jamadar Both Residents of Village- Kichni, P.S.- Harnaut, District- Nalanda. .... .... Petitioners

Versus

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

For the Petitioner/s : Mr. Rajesh Kumar Chaudhary, Advocate For the Opposite Party/s : Mr. Harendra Prasad, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE SUDHIR SINGH ORAL ORDER 10-02-2016 Heard learned counsel for the petitioners and learned counsel for the State.

The petitioners are apprehending their arrest in connection with Harnaut P.S. Case No. 87 of 2015 instituted for the offences punishable under Sections 304(B), 201 and 34 of the Indian Panel Code.

As per prosecution case, the informant had got his daughter, namely, Rita Devi married with co-accused Raukki Jamadar in the month of April 2014 as per Hindu rites and customs and within few days of her marriage, additional demand of dowry of one motor cycle was made and on account of nonfulfillment of the same, she was tortured and assaulted by the

Patna High Court Cr.Misc. No.52011 of 2015 (3) dt.10-02-2016 2/3 accused persons including petitioners. The informant got information that the accused persons including the petitioners had killed his daughter by pressing her mouth. After getting this information, the informant along with his family members went to Village Kichani (Sasural of his daughter), where he found all the accused persons absconding and his daughter was also traceless. During the course of search, when the informant and others reached at Kararua river, at Sohara village, they found the dead body of the informant's daughter concealed in the river. It has been submitted on behalf of the petitioners that the petitioners have got no criminal antecedent. The petitioner no. 1 is the father-in-law of the deceased and petitioner no. 2 is the mother-in-law of the deceased.

They are separate in mess and property from the husband of the deceased. They have no concern with the affairs of the husband of the deceased. On behalf of the State and the counsel for the informant, it has been submitted that the petitioners are named in the F.I.R.

Considering the aforesaid facts and circumstances, let the above named petitioners, in the event of their arrest or surrender in the court below within a period of six weeks from today, be released on bail furnishing bail bond of Rs. 10,000/-(Ten

Patna High Court Cr.Misc. No.52011 of 2015 (3) dt.10-02-2016 3/3 Thousand) each with two sureties of the like amount each to the satisfaction of the learned Judicial Magistrate, 1st Class, Biharshariff at Nalanda in connection with Harnaut P.S. Case No. 87 of 2015, on subject to the conditions as laid down under Section 438(2) of the Code of Criminal Procedure. (Sudhir Singh, J.) ajaypd./- U T