Sheonath Gore And ORS v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.47662 of 2014 Arising Out of PS.Case No. -73 Year- 2014 Thana -MAIRWA District- SIWAN ======================================================

1. Sheonath Gore Son of Jhapsi Gore

2. Ramawati Devi Wife of Sheonath Gore

3. Renu Devi Wife of Rajaram Gore

4. Vikash Gore @ Vikash Kumar Gore Son of Sheonath Gore All residents of Village - Chitmath, P.S. - Mairwa, District - Siwan. .... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Javed Aslam For the Opposite Party/s : Mr. Surendra Prasad Singh (App) ====================================================== CORAM: HONOURABLE MR. JUSTICE DINESH KUMAR SINGH ORAL ORDER 03/ 01-09-2015 Heard learned counsels for the petitioners and the State.

The petitioners being the parents, brother's wife and brother 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 Indian Penal Code and 3/4 of Dowry Prohibition Act.

The accusation is of killing the sister-in-law of the informant after seven years of marriage for nonfulfillment of the dowry demand. It is submitted by learned counsel for the

Patna High Court Cr.Misc. No.47662 of 2014 (3) dt.01-09-2015 2/2 petitioners that as per own admission of the informant the marriage was performed seven years prior to the death, hence, the case does not come within the purview of Section 304B IPC and the informant in her subsequent statement has retracted from the initial accusation by stating that the victim died due to illness. None of the family members of the victim including her brother have supported the accusation. Moreover, the husband of the victim has not been made accused.

Considering the omnibus and general accusation against entire in-laws family and the fact that the victim died after seven years of the marriage, let the above named petitioners be released on anticipatory 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 Chief Judicial Magistrate, Siwan in connection with Mairwa P.S. Case No. 73 of 2014, subject to the conditions as laid down under Section 438(2) of the Cr.P.C.

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