Manager Bhagat And ORS v. The State Of Bihar

Patna High Court Cr.Misc. No.47912 of 2015 (4) dt.17-03-2016

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.47912 of 2015 Arising Out of PS.Case No. -266 Year- 2014 Thana -MAHILA P.S. District- SIWAN ======================================================

1. Manager Bhagat son of late Chandradeo Bhagat

2. Madhuri Kumari daughter of Shri Manager Bhagat

3. Dhannu Bhagar @ Dhannu Kumar Bhagat son of Shri Manager Bhagat All are residents of Village- Done Bujurg, Police Station- Darauli, District- Siwan.

.... .... Petitioners

Versus

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

For the Petitioners : Mr. Ajay Kumar Tiwary, Advocate For the Opposite Party : Mr. Surendra Prasad Singh, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE SUDHIR SINGH ORAL ORDER 17-03-2016 Heard learned counsel for the petitioners and learned counsel for the State.

The petitioners are apprehending their arrest in connection with Siwan Mahila P.S. Case No. 266 of 2014 for the offences instituted under Sections 304(B), 201 and 498(A) of the Indian Penal Code and Section 3/4 of the Dowry Prohibition Act. As per prosecution case the main accusation against the petitioners is of committing dowry death of the informant's daughter and also of disappearing the dead body of the informant's daughter in order to screen the main evidence of the alleged offence.

It has been submitted on behalf of the petitioners that the

Patna High Court Cr.Misc. No.47912 of 2015 (4) dt.17-03-2016 petitioners have got no criminal antecedent. Petitioner no.1 is the father-in-law of the deceased, petitioner no.2 is the Nanad of the deceased and petitioner no.3 is the Dewar of the deceased. They are separate in mess and property from the husband of the deceased. From perusal of Annexure-4, it is evident the informant has filed a petition in the court below stating that the present case has been instituted due to mistake of fact.

On behalf of the State, it has been submitted that the petitioners are named in the F.I.R.

Considering the aforesaid facts and circumstances, let the petitioners above named, be released on bail in the event of their arrest or surrender before the learned court below within a period of six weeks from today in connection with Siwan Mahila P.S. Case No. 266 of 2014 on furnishing bail bond of Rs.10,000/- (Ten Thousand) each with two sureties of the like amount each to the satisfaction of the learned SDJM, Siwan, subject to the conditions as laid down under Section 438(2) of the Code of Criminal Procedure.

(Sudhir Singh, J) B.Kr./- U T