Madan Roy And ORS v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Miscellaneous No.15362 of 2015 Arising Out of PS.Case No. -86 Year- 2014 Thana -CHAKAMHESI District- SAMASTIPUR ======================================================
1. Madan Roy son of Late Yogeshwar Roy
2. Sumitra Devi wife of Madan Roy
3. Santu Devi wife of Dharmendra Roy@ Dharmendra Kumar .... .... Petitioner/s
Versus
The State of Bihar .... .... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s : Mr. Smt. Anuradha Singh, Advocate For the Opposite Party/s : Mr. Parmanand Prasad (App) ====================================================== CORAM: HONOURABLE MR. JUSTICE DINESH KUMAR SINGH ORAL ORDER 15-04-2015 Heard learned counsels for the petitioners and the State.
The petitioners being brother, brother's wife and brother's daughter-in-law of the husband of the victim are apprehending arrest in a case registered for the offences punishable under Sections 304B and 201/34.
The accusation is killing of the daughter of the informant for non-fulfillment of dowry demand. It is submitted by learned counsel for the petitioners that as per own admission of the informant that marriage of the victim was performed with the co-accused Jagandeo Rai 9 years ago, the case does not come within the purview of section 304B of the I.P.C. The accusation is not specific against the petitioners
Patna High Court Cr.Misc. No.15362 of 2015 (2) dt.15-04-2015 2/2 and the petitioners claim to live separate from the husband of the victim.
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 Judicial Magistrate, 1st Class, Samastipur in connection with Chakmaheshi P.S. Case No.86 of 2014, subject to the conditions as laid down under Section 438(2) Cr.P.C.
(Dinesh Kumar Singh, J) Ashwini/- U T