Patna High CourtCR. MISC./56374/2015bail granted

Ranjeet Kumar Sah And ANR v. The State Of Bihar

2015-12-11Mr. Justice Dinesh Kumar Singh2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.56374 of 2015 Arising Out of PS.Case No. -117 Year- 2014 Thana -LALGANJ District- VAISHALI(HAJIPUR) ======================================================

1. Ranjeet Kumar Sah, S/o Rajendra Sah. null

2. Reena Devi, W/o Ranjeet Kumar Sah. Both resident of Village- Repura, P.S. Lalganj, District- Vaishali.

.... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Pramod Kumar Singh For the Opposite Party/s : Mr. Ajit Kumar (App) ====================================================== CORAM: HONOURABLE MR. JUSTICE DINESH KUMAR SINGH ORAL ORDER 11-12-2015 Heard learned counsels for the petitioners and the State. The petitioners being the brother and brother's wife of the husband of the victim are apprehending arrest in a case registered for the offences punishable under Section 304B of the Indian Penal Code.

The accusation is of killing the daughter of the informant for non-fulfillment of the dowry demand. It is submitted by learned counsel for the petitioners that deliberately the date of marriage has not been mentioned in the FIR but the victim had two children and age of eldest child is about 11 years, hence definitely the marriage was performed more than 11 years prior to the occurrence. The mother of the husband of the victim has been granted anticipatory bail vide Cr. Misc. No.

Patna High Court Cr.Misc. No.56374 of 2015 (2) dt.11-12-2015 2/2 28536 of 2015 by a co-ordinate Bench of this Court. Considering the fact that the informant is not the eyewitness to the occurrence and prima facie the case does not appear to be within the purview of Section 304B of the IPC, let the above named petitioners be released on anticipatory bail, in the event of arrest or surrender before the learned Court below within a period of 12 weeks from today, on furnishing bail bond of `10,000/- (ten thousand) each with two sureties of the like amount each to the satisfaction of the learned J.M., 1st Class, Vaishali at Hajipur in connection with Lalganj P.S. Case No. 117 of 2014, subject to the conditions as laid down under Section 438(2) Cr.P.C. (Dinesh Kumar Singh, J) Amrendra/- U T