← Library
Patna High CourtCR. MISC./7395/2015bail granted

Upendra Paswan And ANR v. The State Of Bihar

2015-02-23Mr. Justice Prabhat Kumar Jha2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.7395 of 2015 Arising Out of PS.Case No. -95 Year- 2014 Thana -NATIONAL HIGHWAY DistrictSAMASTIPUR ======================================================

1. Upendra Paswan S/o Late Pyare Paswan

2. Urmila Devi W/o Upendra Paswan Both resident of village - Mundipur, P.S. N.H. Bangra, District - Samastipur .... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Dharmendra Kumar Paswan, Advocate. For the Opposite Party/s : Mr. Rita Verma (App) ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR JHA ORAL ORDER 23-02-2015 Heard both sides.

The petitioners apprehend their arrest in N.H. Bangra P.S. Case No. 95 of 2014, registered for the offences punishable under Section 304(B) and other Sections of the Indian Penal Code and Sections 3/4 of the Dowry Prohibition Act. The father of the deceased made allegation that his daughter Rekha Kumari was done to death due to non-fulfillment of demand of dowry.

Learned counsel for the petitioners submits that the petitioners are father-in-law and mother-in-law of the deceased. The deceased had two children. The deceased died due to illness. The post-mortem report shows that the deceased did not get any

Patna High Court Cr.Misc. No.7395 of 2015 (2) dt.23-02-2015 2/2 external or internal injury, viscera was preserved. The informant participated in the funeral of his daughter, but later on, for otherwise considerations the case is lodged.

It appears that no specific allegation of demand of dowry or torture is made against the petitioners and the petitioners are father-in-law and mother-in-law of the deceased, they, in the event of their arrest or surrender before the court below within a period of four weeks from the date of receipt/production of a copy of this order, are directed to 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 Sri Rakesh Kumar, the learned Judicial Magistrate, 1st Class, Samastipur in connection with N.H. Bangra P.S. Case No. 95 of 2014, subject to the conditions as laid down under Section 438(2) of the Cr.P.C. (Prabhat Kumar Jha, J.) KKSINHA/- U T