Vicky Kumari And ORS v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Miscellaneous No.17555 of 2018 Arising Out of PS. Case No.-1352 Year-2017 Thana- SASARAM NAGAR District- Rohtas ======================================================
1. Vicky Kumari, D/o Mahendra Prasad Singh,
2. Urmila Devi W/o Mahendra Prasad Singh,
3. Mahendra Prasad Singh S/o Kameshwar Singh, All R/o Village/Mohalla- Chandanpura, P.S.- Tilathu, District- Rohtas.
4. Umesh Singh @ Umesh Kumar Singh S/o Late Basisth Singh, R/o Village/Mohalla- Semari, P.S.- Bishrampur, District- Palamu (Jharkhand).
... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner :
Mr. Pramod Kumar, Adv.
For the State :
Mr. Iftekhar Mahmood, APP For the Informant :
Mr. Dharmendra Kumar Singh, Adv.
====================================================== CORAM: HONOURABLE MR. JUSTICE SUDHIR SINGH ORAL ORDER 08-05-2018 Heard learned counsel for the petitioners, learned APP for the State and learned counsel for the informant. The petitioners are apprehending their arrest in a case registered under Sections 363, 498A/34 of the Indian Penal Code and 3⁄4 of Dowry Prohibition Act. Later on Section 304B of the I.P.C. has been added.
Allegation is that the accused persons committed murder of the niece of the informant due to non-fulfilment of demand of dowry. It has been submitted on behalf of the petitioners that the petitioners have got no criminal antecedent. There is no allegation of tampering of witnesses alleged against the petitioners. The petitioners have been made accused due to mistake of fact. The witnesses, examined in paragraphs 7 and 8 of the case diary, do not support the
Patna High Court Cr.Misc. No.17555 of 2018(3) dt.08-05-2018 2/2 allegations regarding demand of dowry. They have only stated that they were involved in family dispute. The dead body of the deceased was recovered from a canal. As per the postmortem report, no external injury is said to have been found on the body of the deceased. The cause of death is said to be asphyxia due to drowning. On behalf of the State and learned counsel for the informant, it is submitted that the petitioners are named in the F.I.R. Considering the aforesaid facts and circumstances, let the petitioners, above named, in the event of arrest/surrender before the learned court below within a period of six weeks from today, be released on anticipatory bail on furnishing bail bonds of Rs.10,000/- (Ten thousand) with two sureties of the like amount each to the satisfaction of learned Chief Judicial Magistrate, Rohtas, Sasaram in connection with Sasaram (Tilauthu) Town P.S. case No.1352 of 2017, subject to the conditions as laid down under Section 438(2) of the Code of Criminal Procedure.
(Sudhir Singh, J) Narendra/- U T