Kameshwar Sah @ Bhantu Sah And ANR. v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.8244 of 2016 Arising Out of PS.Case No. -299 Year- 2015 Thana -DHAKA DistrictEASTCHAMPARAN(MOTIHARI) ======================================================

1. Kameshwar Sah @ Bhantu Sah son of Shiv Gulam Sah

2. Ghunni Devi wife of Kameshwar Sah @ Bhantu Sah, Both residents of Village- Bhagwanpur, P.S.- Dhaka, District- East Champaran. .... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Abhishek Kumar For the Opposite Party/s : Mr. R.B.Roy Raman(App) ====================================================== CORAM: HONOURABLE JUSTICE SMT. ANJANA MISHRA ORAL ORDER 10-05-2016 Heard learned counsel for the petitioners and learned Additional Public Prosecutor for the State.

The petitioners apprehend their arrest in connection with a case registered for the offences punishable under Sections 304/B, 201/34 of the Indian Penal Code.

Learned counsel for the petitioners submits that the cloth of the deceased caught fire while she was warming herself with fire lit during the winter season. It is submitted that there is general and omnibus allegations against the accused persons. However, during the course of investigation, the mother of the deceased has stated that earlier there had been no demand of dowry. This fact has also been recorded in the order dated 18.04.2016 passed in Cr.

Patna High Court Cr.Misc. No.8244 of 2016 (3) dt.10-05-2016 P2/2 Misc. No. 8201 of 2016 whereby two other similarly situated persons have been extended the privilege of anticipatory bail. The said two persons are the brothers of the husband of the deceased. Considering the aforementioned facts and circumstances and that the mother of the deceased has also stated that there was no demand of dowry and that the deceased died out of warming herself at the fire lit knows as "Ghura", let the petitioners, in the event of their arrest / surrender within a period of four weeks from the date of receipt/production of a copy of this order, be enlarged on bail on furnishing bail bonds of Rs. 10,000/- (ten thousand) each with two sureties of the like amount each to the satisfaction of the learned Sub-Divisional Judicial Magistrate, Sikrahana at Dhaka, East Champaran in connection with Dhaka P.S. Case No. 299 of 2015, subject to the conditions as laid down under Section 438(2) of the Cr. P.C.

(Anjana Mishra, J) Saif/- U T