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Patna High CourtCR. MISC./33277/2015bail granted

Sushma Rai @Sushma Devi And ORS. v. The State Of Bihar

2015-08-26Mr. Justice Dinesh Kumar Singh2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.33277 of 2015 Arising Out of PS.Case No. -231 Year- 2014 Thana -GARDANIBAGH District- PATNA ======================================================

1. SUSHMA RAI @SUSHMA DEVI,

2. Suman Devi,

3. Bullu Rai alias Bullu Kr. Rai,

4. Manju Devi .... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Ghanshyam Tiwary For the Opposite Party/s : Mr. Akbar Ali(App) ====================================================== CORAM: HONOURABLE MR. JUSTICE DINESH KUMAR SINGH ORAL ORDER 26-08-2015 Heard learned counsels for the petitioners and the State. The petitioners being wives, brother and sister 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 for non fulfillment of dowry demands. It is submitted by the learned counsel for the petitioners that as per own admission of the informant the marriage was performed in 2003 when the victim died on 25.6.2014, hence, the case does not come within the purview of section 304B IPC and the petitioners claim to be separate from the husband of the victim who is in custody.

Patna High Court Cr.Misc. No.33277 of 2015 (2) dt.26-08-2015 2/2 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 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 JM Ist Class, Patna in connection with Gardanibagh P.S. Case No. 231 of 2014 subject to the conditions as laid down under Section 438(2) Cr.P.C.

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