Ashok Upadhyay And ORS. v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.14080 of 2015 Arising Out of PS.Case No. -310 Year- 2014 Thana -MARWAH District- SARAN ======================================================

1. Ashok Upadhyay son of Late Rajeshwar Upadhyay

2. Sarita Kumari daughter of Ashok Upadhyay

3. Putul Kumari daughter of Ashok Updahyay

4. Beauty Kumari daughter of AshokUpadhyay .... .... Petitioner/s

Versus

The State of Bihar.

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

For the Petitioner/s : Mr. Arvind Kumar, Advocate For the Opposite Party/s : Mr. Uday Pratap Singh (App) ====================================================== CORAM: HONOURABLE MR. JUSTICE DINESH KUMAR SINGH ORAL ORDER 08-05-2015 Heard learned counsels for the petitioners and the State.

The petitioners being father and unmarried sisters of the husband of the victim are apprehending arrest in a case registered for the offences punishable under Sections 304B, 120B/34 of the Indian Penal Code.

Accusation is of killing the daughter of the informant within four years of marriage for non-fulfillment of dowry demand.

It is submitted by learned counsel for the petitioners that the accusation is omnibus and general and admittedly no injury was found on the body of the victim. It is further submitted that petitioner nos. 2 to 4 are unmarried daughters of petitioner

Patna High Court Cr.Misc. No.14080 of 2015 (2) dt.08-05-2015 2/2 no.1 and the informant has retracted from initial version and has filed a petition to that effect before the learned court below, the same has been brought on record as annexure-4 to the petition. The co-accused persons mother and brother of the husband of the victim have been acquitted by Sessions Trial No.21 of 2015 and 15 of 2015 by the District and Sessions Judge, Saran at Chapra on 24.02.2015.

Considering the aforesaid facts, 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 12 weeks from today, on furnishing bail bond of `10,000/- (ten thousand) each with two sureties of the like amount each to the satisfaction of the learned Chief Judicial Magistrate, Saran at Chapra in connection with Morhowrah P.S. Case No. 310 of 2014, subject to the conditions as laid down under Section 438(2) Cr.P.C.

(Dinesh Kumar Singh, J) Ashwini/- U T