Patna High CourtCR. MISC./37709/2015disposed

Ram Subhag Thakur And ANR v. The State Of Bihar

2015-09-17Mr. Justice Dinesh Kumar Singh2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.37709 of 2015 Arising Out of PS.Case No. -46 Year- 2010 Thana -KALYANPUR District- SAMASTIPUR ======================================================

1. Ram Subhag Thakur

2. Ram Abodh Thakur @ Abodh Thakur Both sons of Tirpit Thakur resident of village - Fulhasa, P.S. Kalyanpur, District - Samastipur .... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Amitabh Bhardwaj For the Opposite Party/s : Mr. Amrendra Pd.(App) ====================================================== CORAM: HONOURABLE MR. JUSTICE DINESH KUMAR SINGH ORAL ORDER 02/ 17-09-2015 Heard learned counsels for the petitioners and the State.

The petitioners being the uncles of the husband of the victim are apprehending their arrest in a case registered for the offences punishable under Sections 302/34 of the Indian Penal Code.

The accusation is of killing the sister of the informant within one year of the marriage for non-fulfillment of the dowry demand.

It is submitted by learned counsel for the petitioners that the petitioners are uncles of the husband of the victim and they claimed to be separate from the husband of the

Patna High Court Cr.Misc. No.37709 of 2015 (2) dt.17-09-2015 2/2 victim, moreover, similarly situated co-accused persons have been granted anticipatory bail vide Cr. Misc. No. 21061 of 2015. This Court is reluctant to interfere only because the case has been registered in 2010, but since the coaccused persons have been granted anticipatory bail it is a case for consideration of prayer for regular bail, if the petitioners surrender before the learned court below within a period of six weeks from today in connection with Kalyanpur P.S. Case No. 46 of 2010 pending in the court of learned Chief Judicial Magistrate, Samastipur.

With the aforesaid observation, this application is disposed of.

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