Jai Nath Sharma And ORS v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Miscellaneous No.32540 of 2015 Arising Out of PS.Case No. -52 Year- 2013 Thana -NOKHA District- SASARAM (ROHTAS) ======================================================
1. Jai Nath Sharma S/o Late Sukhdeo Sharma
2. Meena Devi W/o Jai Nath Sharma
3. Om Prakash Sharma @ Titu Sharma S/o Jai Nath Sharma
4. Upendra Sharma S/o Late Sukhdeo Sharma All are Resident of Village Lewra, Police Station Nokha, District Rohtas. .... .... Petitioner/s
Versus
1. The State of Bihar .... .... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s : Mr. Choubey Jawahar For the Opposite Party/s : Mr. Arun Kumar (App) ====================================================== CORAM: HONOURABLE MR. JUSTICE DINESH KUMAR SINGH ORAL ORDER 10-08-2015 Heard learned counsels for the petitioners and the State.
Petitioners being parents, brother and uncle of the husband of the victim are apprehending their arrest in a case registered for the offences punishable under Sections 304(B)/34 of the Indian Penal Code and Section 3⁄4 of the Dowry Prohibition Act.
The accusation is killing the daughter of the informant after five years of marriage for non-fulfilment of dowry demand.
It is submitted by learned counsel for the petitioners that petitioners were not sent up for trial and the final form was submitted under Section 306 against the husband of the victim only but differing with the final form,
Patna High Court Cr.Misc. No.32540 of 2015 (2) dt.10-08-2015 2/2 cognizance has been taken.
Considering the fact that petitioners were not sent up for trial and final form has been submitted under Section 306 of the I.P.C only against the husband of the victim, let the petitioners, above named, in the event of their arrest or surrender before the Court below within a period of 12 weeks from today, be released on anticipatory bail on furnishing bail bond of Rs. 10,000/-(ten thousand) each with two sureties of the like amount each to the satisfaction of learned Chief Judicial Magistrate, Rohtas at Sasaram in connection with Nokha P.S. Case No. 52 of 2013, subject to the conditions as laid down under Section 438(2) of the Cr.P.C. (Dinesh Kumar Singh, J) Shageer/- U T