Asgari And ANR v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.10302 of 2016 Arising Out of PS.Case No. -179 Year- 2015 Thana -AMAUR District- PURNIA ======================================================

1. Asgari wife of Naushad

2. Naushad son of Md. Israyeel Both resident of Village Laltoli, Paschim Tola, P.S.- Amour, District- Purnia.

.... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Diwakar Sinha For the Opposite Party/s : Mr. Abhay Kr.Roy(App) ====================================================== CORAM: HONOURABLE MR. JUSTICE DINESH KUMAR SINGH ORAL ORDER 02/ 03-03-2016 Heard learned counsels for the petitioners and the State.

The petitioners being the sister and brotherin-law of the husband of the victim are apprehending their arrest in a case registered for the offences punishable under Sections 302/34 of the Indian Penal Code.

The accusation is of killing the sister of the informant after 12-13 years of the marriage for non-fulfillment of the dowry demand.

It is submitted by learned counsel for the petitioners that the thrust of accusation of demand of dowry and torture is against the husband of the victim. The post-mortem

Patna High Court Cr.Misc. No.10302 of 2016 (2) dt.03-03-2016 2/2 report reflects no external injury and since the cause of death has not been ascertained, hence, viscera has been preserved. The petitioners claimed to reside at different place separate from the husband of the victim.

Considering the thrust of accusation against the husband of the victim, 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 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 Sub Judge XI -cum- ACJM, Purnea in connection with Amour P.S. Case No. 179 of 2015, subject to the conditions as laid down under Section 438(2) of the Cr.P.C. (Dinesh Kumar Singh, J) DKS/- U T