Gajendra Thakur v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.51091 of 2019 Arising Out of PS. Case No.-296 Year-2018 Thana- BHELDI District- Saran ====================================================== 1.

GAJENDRA THAKUR, aged about 30 years, Male, son of Bhikhari Thakur R/o Village- Gangoi, P.S.- Bheldi, District- Saran at Chapra. 2.

Govind Thakur @ Govinda Thakur, aged about 27 years, Male, son of Bhikhari Thakur, R/o Village- Gangoi, P.S.- Bheldi, District- Saran at Chapra.

3.

Asha Devi, aged about 55 years, Female, W/o Bhikhari Thakur, R/o VillageGangoi, P.S.- Bheldi, District- Saran at Chapra. ... ... Petitioner/s

Versus

The State of Bihar.

... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Tej Pratap Singh For the Opposite Party/s :

Mr.Suresh Prasad Singh ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR JHA ORAL ORDER 01-10-2019 Heard both sides.

The petitioners apprehend their arrest in Behldi P.S. Case No.296 of 2018, registered under Sections 304(B) and 34 of the Indian Penal Code as well as under Sections 3⁄4 of the Dowry Prohibition Act.

The father of the deceased alleged that in the year 2017, his daughter was married with Bijendra Thakur and on the next day his daughter went to her Sasural but her husband, mother-in-law, brothers-in-law and sister-in-law began to torture his daughter. The informant further alleged that the accused persons killed his daughter on 23.04.2018 and disposed of her

Patna High Court CR. MISC. No.51091 of 2019(3) dt.01-10-2019 2/3 dead body.

Learned counsel for the petitioners submits that the deceased died due to her ailment in PMCH. From perusal of Annexure-2, it would appear that the doctor issued certificate stating the date of admission and date of death of the deceased in Patna Medical College & Hospital. The informant participated in the cremation but after many months, the informant filed complaint case on 17.09.2018 on the basis of which the present FIR was registered. Petitioners no.1 and 2 are brothers-in-law and petitioner no.3 is mother-in-law of the deceased.

Taking into consideration the facts that the deceased is said to have died on account of her illness in PMCH on 23.04.2018 but her father filed complaint case only after five months of the occurrence thereupon the present FIR was lodged and the petitioners are brothers-in-law and mother-in-law of the deceased, let petitioners, above named, in the event of their arrest or surrender before the court below within a period of four weeks from the date of receipt of the order, be enlarged on bail on furnishing bail bond of Rs.10,000/- (ten thousand) each with two sureties of the like amount each to the satisfaction of the learned A.C.J.M.-XII, Saran at Chapra in connection with

Patna High Court CR. MISC. No.51091 of 2019(3) dt.01-10-2019 3/3 Behldi P.S. Case No.296 of 2018, subject to the conditions laid down under Section 438(2) of the Code of Criminal Procedure. (Prabhat Kumar Jha, J) S.KUMAR/- U T