Gauri Mukhiya And ORS v. The State Of Bihar
Patna High Court Cr.Misc. No.8322 of 2017 (3) dt.29-06-2017
IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Miscellaneous No.8322 of 2017 Arising Out of PS.Case No. -109 Year- 2015 Thana -BIRAUL District- DARBHANGA ======================================================
1. Gauri Mukhiya, S/o Late Ram Prasad Mukhiya
2. Heera Mukhiya, S/o Late Ram Prasad Mukhiya.
3. Pramila Devi, W/o Gauri Mukhiya.
4. Vimal Devi, W/o Heera Mukhiya, All are resident of Village- Sonepur, P.S.- Biraul, District- Darbhanga.
.... .... Petitioner/s
Versus
The State of Bihar.
.... .... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s : Mr. Manish Kumar -3 For the Opposite Party/s : Mr. Sri Humayou Ahmad Khan ====================================================== CORAM: HONOURABLE MR. JUSTICE BIRENDRA KUMAR ORAL ORDER 29-06-2017 Heard learned counsel for the petitioners as well as learned Additional Public Prosecutor for the State. The petitioners are apprehending their arrest in Biraul P.S.Case No.109 of 2015 registered for the offence under Sections 304(B), 201/34 of the I.P.C.
The petitioners are cousin father-in-law and mother-inlaw of the victim lady. There is general and omnibus allegation of demand of dowry soon before the death.
Submission of the learned counsel for the petitioners is that, in fact, the marriage of the victim was love marriage. Husband of the victim is not accused in this case. Petitioners are separate in mess and business from
Patna High Court Cr.Misc. No.8322 of 2017 (3) dt.29-06-2017 matrimonial family of victim and are residing in Delhi after separation of the husband of the deceased. Moreover, against the own parents of the husband the police has submitted charge sheet under Sections 364 and 120B of I.P.C.
Considering the aforesaid submission, let the petitioners, above named, in the event of their arrest or surrender before the court below within four weeks from today, be released on bail on furnishing bail bond of Rs.25,000/-each with two sureties of the like amount each to the satisfaction of the S.D.J.M., Biraul at Benipur, Darbhanga, in Biraul P.S. Case No.109 of 2015 subject to the conditions as laid down under Section 438(2) of Cr.P.C. (Birendra Kumar, J) AnilKrSinha/- U T