Ramawati Kuar And ORS @ Ramwati Kura v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Miscellaneous No.2963 of 2016 Arising Out of PS.Case No. -130 Year- 2015 Thana -AMNAUR District- SARAN ======================================================
1. RAMAWATI KUAR @ RAMWATI KURA W/o late Jodhan Giri aged about 75 years (mother in law) null
2. Rohit Giri S/o late Jodhan Giri
3. Arti Devi W/o Rohit Giri
4. Renu Devi@Rina Devi@Rima Devi W/o Durga Charan Giri
5. Prayag Giri S/o late Ram Jatan Giri All are residents of village Gosa Khap, P.S.- amnaur, District- Saran at Chapra .... .... Petitioner/s
Versus
1. The State of Bihar .... .... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s : Mr. Gautam Shah, Advocate For the Opposite Party/s : Mr. Bhanu Pratap Singh(App) ====================================================== CORAM: HONOURABLE MR. JUSTICE DINESH KUMAR SINGH ORAL ORDER 19-01-2016 It is submitted by the learned counsel for the petitioners that petitioner no. 5 namely Prayag Giri has been arrested and his application has become infructuous.
Heard learned counsel for the petitioner nos. 1 to 4 and the State.
The petitioner nos. 1 to 4 are mother, brother, brother's wife and agnate of the husband of the victim are apprehending their arrest in a case registered for the offences punishable under Sections 304B, 201/34 of the
Patna High Court Cr.Misc. No.2963 of 2016 (2) dt.19-01-2016 Indian Penal Code.
The prosecution case is of killing the daughter of the informant within three years of marriage for nonfulfillment of dowry demand. It is submitted by the learned counsel for the petitioner nos. 1 to 4 that thrust of accusation is against husband of the victim. The petitioners claim to be separate from the husband of the victim. As per First Information Report, the informant received informant on 09.10.2015 that his daughter has been killed, but the complaint was filed on 12.10.2015, which came to be registered as police case on 24.10.2015. The accusation is omnibus and general against entire family members.
Learned counsel for the informant submits that the daughter of the informant was killed within three years of marriage for non-fulfillment of dowry demand. Considering the accusation being omnibus and general against entire family members, the thrust of accusation against husband of the victim and delayed lodging of the case, let the above named petitioner nos. 1 to 4, be released on bail in the event of their arrest or surrender before the learned court below within a period of twelve weeks from today, on furnishing bail bonds of Rs. 10,000/- (Ten Thousand) each with two sureties of the like amount each to the satisfaction of learned Sri Amarendra Prasad, J.M., Ist Class, Saran at Chapra
Patna High Court Cr.Misc. No.2963 of 2016 (2) dt.19-01-2016 in connection with Amnaur P.S. Case No. 130 of 2015, subject to conditions as laid down under Section 438(2) of the Code of Criminal Procedure.
(Dinesh Kumar Singh, J) P.K./- U T