Dharm Nath Singh And ORS v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.44521 of 2014 Arising Out of PS.Case No. -189 Year- 2014 Thana -DESARI District- VAISHALI(HAJIPUR) ======================================================

1. Dharm Nath Singh Son of Ram Dahin Singh

2. Meena Devi Wife of Dharam Nath Singh

3. Rukmini Devi @ Rukmani Devi Wife of Ram Dahin Singh All residents of Village - Fatehpur Bujurg, P.S. - Desari, District - Vaishali .... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Manish Chandra Gandhi For the Opposite Party/s : Mr. Ajay Kumar 1 (App) ====================================================== CORAM: HONOURABLE MR. JUSTICE SUDHIR SINGH ORAL ORDER 04-09-2015 Learned counsel for the petitioners seeks permission to withdraw this application, so far as petitioner no.1, Dharm Nath Singh is concerned.

Permission is accorded.

The present application made on behalf of petitioner no.1 is dismissed as withdrawn.

Heard learned counsel for the petitioner as well as learned Additional Public Prosecutor for the State. The petitioners are apprehending their arrest in Desari (Sahdei O.P.) P.S. Case No.189/14 for the offence under Section304(B)/34 of the I.P.C.

The prosecution case, in brief, is that after marriage

Patna High Court Cr.Misc. No.44521 of 2014 (4) dt.04-09-2015 2/2 of the daughter, Shabnam Devi, of the informant her husband, namely,Shesh Nath Singh used to demand a motorcycle and on account of non-fulfillment of the same she was subjected to torture and cruelty and at last she was killed by her sasural people. On behalf of the petitioners it has been submitted that the petitioners have got no criminal antecedent. Petitioner no.2 is gotani and petitioner no.3 is mother -in-law of the deceased. Petitioners have been made accused due to mistake of fact. There is no eye witness to the occurrence. On behalf of the State it is submitted that the petitioners are named in the F.I.R.

Considering the facts and circumstances of the case let the petitioners, above named, in the event of their arrest or surrender before the court below within four weeks from today be released on bail on furnishing bail bond of Rs.10,000/- each with two sureties of the like amount each to the satisfaction of the C.J.M., Vaishali at Hajipur, in Desari (Sahdei O.P.)P.S.Case No.189/14 subject to the conditions as laid down under Section 438(2) of Cr.P.C.

(Sudhir Singh, J) AnilKrSinha/- U