Gopi Bind And ANR v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.5910 of 2017 Arising Out of PS.Case No. -36 Year- 2014 Thana -NIMCHAKBATHANI District- GAYA ======================================================

1. Gopi Bind son of Sri Degan Bind Resident of Village- Narauni Bala Bigha, P.S.- Nimchak Bathani, District Gaya.

2. Muniya Devi @ Munni Devi wife of Sri Shobhi Bind Resident of Village- Rishaudh, P.S.- Belaganj, District- Gaya. .... .... Petitioners

Versus

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

For the Petitioners : Mr. Prithivi Raj Singh, Advocate.

For the Opposite Party : Mr. Surendra Kumar, APP.

====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR JHA ORAL ORDER 22-05-2017 Heard both sides.

The petitioners apprehend their arrest in Neemchak Bathani P.S. Case No. 36 of 2014 registered for the offences punishable under Sections 302, 201, 120(B) and 34 of the Indian Penal Code.

The informant alleged that someone informed him on his telephone that the condition of his sister was serious. When the informant went there the house of Dipu Bind, the husband of his sister, was locked and the family members were away from the house. The informant came to know that all the accused persons including the petitioner killed his sister due to dispute with regard to partition of property and hurriedly cremated the dead body.

Patna High Court Cr.Misc. No.5910 of 2017 (3) dt.22-05-2017 2/2 Learned counsel for the petitioners submits that the petitioners are brother-in-law and married sister-in-law of the deceased. The petitioners have no manner of concern with the family affairs of the husband of the deceased. The deceased died due to illness and not on account of assault. No specific allegation of demand of dowry and torture is made against the petitioners. Considering the facts aforesaid and nature of allegations made against the petitioners, the petitioners above named, in the event of their arrest or surrender before the 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) each with two sureties of the like amount each to the satisfaction of the learned Additional Chief Judicial Magistrate, 10th Gaya in Neemchak Bathani P.S. Case No. 36 of 2014, Subject to the conditions as laid down under Section 438 (2) of the Code of Criminal Procedure. (Prabhat Kumar Jha, J.)