Patna High CourtCR. MISC./50210/2015partly allowed disposal

Govind Ram And ANR v. The State Of Bihar

2015-12-18Mr. Justice Samarendra Pratap Singh2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.50210 of 2015 Arising Out of PS. Case No. -39 Year- 2014 Thana -PUSA District- SAMASTIPUR ======================================================

1. Govind Ram, S/o Late Jibachh Ram

2. Urmila Devi, W/o Late Jibachh Ram All of village - Morsand Karmaila, P.S. Pusa, District - Samastipur .... .... Petitioners

Versus

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

For the Petitioner/s : Mr. Shambhu Sharan Singh, Advocate For the Opposite Party/s : Mr. Uday Chandra Prasad (App) ======================================================

CORAM:

HONOURABLE MR.

JUSTICE SAMARENDRA PRATAP SINGH ORAL ORDER 18-12-2015 Heard learned counsel for the petitioners and the State.

The petitioners apprehend their arrest in a case under Sections 304-B/34 of the Indian Penal Code.

Petitioner no.1 is husband and petitioner no.2 is mother-in-law of the victim.

The petitioners submit that they have been falsely implicated. They further submit that no one has seen the commission of occurrence and they have been roped in the instant case on mere suspicion. They further submit that the marriage of the victim took place more than 8 years ago and no case under Section 304-B of the Indian Penal Code would be made out against them.

Patna High Court Cr.Misc. No.50210 of 2015 (3) dt.18-12-2015 2 / 2 On the other hand, counsel for the State submits that the accused tortured for non-fulfillment of dowry and killed her. Having regard to the nature of allegation, the prayer for grant of anticipatory bail of petitioner no.1 (Govind Ram) is rejected.

However, in the event of arrest or surrender before the court below within four weeks from today the petitioner no.2 Urmila Devi be released on bail on furnishing bail bond of Rs.5000/- (Five thousand) with two sureties of the like amount each to the satisfaction of Sri Sankash Chandra, Judicial Magistrate, 1st Class, Samastipur in connection with Pusa P.S. Case no.39 of 2014 subject to the conditions as laid down under Section 438 (2) Cr.P.C.

(Samarendra Pratap Singh, J.) Uday/- U T