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Patna High CourtCR. MISC./20989/2015bail granted

Md. Akhtar And ORS. v. The State Of Bihar

2015-05-19Mr. Justice Dinesh Kumar Singh3 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.20989 of 2015 Arising Out of PS.Case No. -152 Year- 2014 Thana -RAJAPAKAR District- VAISHALI(HAJIPUR) ======================================================

1. Md. Akhtar S/o Md. Wahid

2. Rashida Khatoon @ Rasindey Khatoon W/o Md. Akhtar

3. Md. Sakir S/o Md. Akhtar

4. Rojida Khatoon W/o Md. Shahid

5. Md. Shahid S/o Md. Akhtar.

.... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Mukesh Kumar Singh For the Opposite Party/s : Mr. S.D.Singh Yadav(App) ====================================================== CORAM: HONOURABLE MR. JUSTICE DINESH KUMAR SINGH ORAL ORDER 19-05-2015 Heard learned counsels for the petitioner and the State.

The petitioners being the parents, brothers and brothers' wife of the husband of the victim are apprehending arrest in a case registered for the offences punishable under Sections 304B/34 of the Indian Penal Code.

The accusation is of killing the daughter of the informant after 3 years of the marriage for non-fulfilment of the dowry demand.

It is submitted by learned counsel for the petitioners that the victim committed suicide for which U.D. Case No. 03

Patna High Court Cr.Misc. No.20989 of 2015 (2) dt.19-05-2015 2/3 of 2014 was registered and the father of the victim filed a complaint case being C.I. Case No. 2728 of 2014 alleging therein that for non-fulfillment of the dowry demand of `2 lacs, his daughter was killed and about death, he received the information on 16.08.2014. It is further submitted that admittedly the informant was aware about the death of his daughter on 16.08.2018 but the case lodged on 20.09.2014. The accusation is omnibus and general. Husband of the victim is in custody. A statement has been made in para 3 of the petition that the petitioners have no criminal antecedent.

Considering the aforesaid facts, 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 Raja Pakar P.S. Case No. 152 of 2014, subject to the conditions as laid down under Section 438(2) Cr.P.C.

Patna High Court Cr.Misc. No.20989 of 2015 (2) dt.19-05-2015 3/3 investigation. Non-cooperation in the investigation by the petitioners will give liberty to the learned court below to cancel the bail bonds of the petitioners.

(Dinesh Kumar Singh, J) Amrendra/- U T