Kusha Singh And ANR v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.49888 of 2016 Arising Out of PS.Case No. -169 Year- 2016 Thana -SONEPUR District- SARAN ======================================================

1. Kusha Singh, son of Late Lakhan Singh, resident of Village Sabalpur Athais, Police Station- Sonepur, District- Saran.

2. Chinta Devi Wife of Kusha Singh, Resident of Village- Sabalpur, Athais, P.S.- Sonepur, District- Saran.

.... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Ajay Kumar Singh For the Opposite Party/s : Mr. B. N. Pandey, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR JHA ORAL ORDER 18-01-2017 Heard both sides.

The petitioners apprehend their arrest in Sonepur P.S. case No. 169 of 2016 under Section 304B, 201/34 of the Indian Penal Code.

The informant alleged that he got information that his sister was killed by her husband and other in-laws and her dead body was disposed of. The accused persons were demanding dowry.

The learned counsel for the petitioners submits that petitioners are father-in-law and mother-in-law of the deceased. The marriage was solemnized six years ago. The petitioners were living separately from the deceased and her husband. There is no

Patna High Court Cr.Misc. No.49888 of 2016 (3) dt.18-01-2017 2/2 material to show that petitioners ever tortured the deceased due to non fulfillment of demand of dowry.

The learned Additional Public Prosecutor, however, opposed the prayer for anticipatory bail.

Considering the fact that marriage was solemnized six years ago and petitioners are father-in-law and mother-in-law of the deceased, the above named petitioners, in the event of their arrest or surrender before the learned court below within a period of four weeks from the date of receipt / production of a copy of this order, are directed to be enlarged on bail on furnishing bail bond of Rs. 10,000/- (Ten thousand) with two sureties of the like amount each to the satisfaction of the learned Additional Chief Judicial Magistrate-I, Saran at Chapra in Sonepur P.S. Case No. 169 of 2016, subject to the conditions as laid down under Section 438(2) of the Code of Criminal Procedure.

(Prabhat Kumar Jha, J) BKS/- U T