Patna High CourtCR. MISC./7740/2015bail granted

Kitabuddin Ansari And ANR v. The State Of Bihar

2015-02-26Mr. Justice Dinesh Kumar Singh2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.7740 of 2015 Arising Out of PS.Case No. -30 Year- 2014 Thana -DURAULI District- SIWAN ======================================================

1. Kitabuddin Ansari son of Hadish Ansari

2. Akhtar Ansari son of Hadish Ansari both 1 and 2 resident of VillageKumhati, P.S.- Darauli, District- Siwan .... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Anil Chandra For the Opposite Party/s : Mr. Surendra Prasad Singh (App) ====================================================== CORAM: HONOURABLE MR. JUSTICE DINESH KUMAR SINGH ORAL ORDER 26-02-2015 Heard learned counsels for the petitioners and the State. The petitioners being brothers of the husband of the victim are apprehending arrest in a case registered for the offences punishable under Sections 304B and 201/34 of the Indian Penal Code.

The accusation is of killing the daughter of the informant after 6-7 years of marriage for non fulfillment of dowry demands. The informant has specifically alleged that three months prior to the alleged occurrence, the husband of the victim took her and subsequently killed her.

It is submitted by the learned counsel for the petitioners that the accusation is omnibus and general and the marriage was

Patna High Court Cr.Misc. No.7740 of 2015 (2) dt.26-02-2015 2/2 actually performed in 2006, hence, the death admittedly took place after seven years of marriage, hence the case does not come within the purview of section 304B IPC.

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 bond of Rs. 10,000/- (ten thousand) each with two sureties of the like amount each to the satisfaction of learned CJM, Siwan in connection with Darauli P.S. Case No. 30 of 2014 subject to the conditions as laid down under Section 438(2) Cr.P.C.

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