Ashok Bharti And ORS v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.1037 of 2017 Arising Out of PS.Case No. -150 Year- 2016 Thana -UJIYARPUR District- SAMASTIPUR ======================================================

1. Ashok Bharti, S/o Late Yugal Bharti,

2. Geeta Bharti @ Geeta Devi, W/o Ashok Bharti,

3. Randhir Bharti, S/o Ashok Bharti; all 1-3 Resident of village Akaha Sanyasi Tolla; P.S. Ujiarpur, District Samastipur. .... .... Petitioners

Versus

The State of Bihar.

.... .... Opposite Party ====================================================== Appearance :

For the Petitioners : Mr. Bijay Bhushan Prasad, Advocate For the Opposite Party : Mr. Sri Amrendra Prasad (APP) ====================================================== CORAM: HONOURABLE MR. JUSTICE JITENDRA MOHAN SHARMA ORAL ORDER 04-02-2017 Heard learned counsel for the petitioner and learned counsel representing the State.

The petitioners apprehend their arrest in connection with Ujiarpur P.S. Case No. 150 of 2016, registered for the offence punishable under Section 304B/34 of the Indian Penal Code.

Allegedly, Ritu Kumari, the niece of the informant was married to Kari Bharti one and half years ago and due to nonfulfillment of demand of Rs. One lacs and one motorcycle she was being tortured by her husband and other in-laws and ultimately she was burnt to death.

Submission is of false implication and that the petitioners are living separately since long from the deceased and

Patna High Court Cr.Misc. No.1037 of 2017 (3) dt.04-02-2017 2/2 her husband. The petitioners have got no concerned with the family affairs of the deceased and her husband. The petitioners are old father-in-law, mother-in-law and bhaisur. The informant after knowing the reality has entered into compromise with the petitioners. The allegation of demand is against the husband and, as such, the petitioners deserve sympathetic consideration. The learned A.P.P. opposes the prayer of pre-arrest bail.

In the facts and circumstances as stated above, considering that against the petitioners there is no specific allegation and allegation is demand of dowry is against the husband and, as such, the petitioners in the event of their arrest or surrender within four weeks from the date of receipt/production of a copy of this order shall be released on bail on furnishing bail bonds of Rs. 10,000/- (ten thousand) each with two sureties of the like amount each to the satisfaction of learned S.D.J.M., Dalsingsarai at Samastipur, in connection with Ujiarpur P.S. Case No. 150 of 2016, subject to the conditions as laid down in section 438(2) of the Cr.P.C.

(Jitendra Mohan Sharma, J.) Rajiv/- U