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Patna High CourtCR. MISC./26132/2015bail granted

Manki Sao And ORS v. The State Of Bihar

2015-07-17Mr. Justice Dinesh Kumar Singh2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.26132 of 2015 Arising Out of PS.Case No. -275 Year- 2013 Thana -GAURICHAK District- PATNA ======================================================

1. Manki Sao S/o Prasadi Sao

2. Kush Sao S/o Manki Sao

3. Babita Devi W/o Bablu Sao All are Resident of village - Lanka Kachuara, P.S. Gaurichak, District - Patna .... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Binit Kumar For the Opposite Party/s : Mr. Surendra Kumar(App) ====================================================== CORAM: HONOURABLE MR. JUSTICE DINESH KUMAR SINGH ORAL ORDER 17-07-2015 Heard learned counsels for the petitioners and the State. The petitioners being father, brother and brother's wife are apprehending arrest in a case registered for the offences punishable under Sections 498A and 304B/34 of the Indian Penal Code.

The accusation is of killing the daughter of the informant after two years of marriage for non fulfillment of dowry demands.

It is submitted by the learned counsel for the petitioners that the accusation is omnibus and general against the petitioners when the thrust of accusation is against the husband of the victim who has been acquitted vide judgment dated 29.4.2015 passed in

Patna High Court Cr.Misc. No.26132 of 2015 (2) dt.17-07-2015 2/2 S.T. No. 215 of 2014 by the learned 4th Additional District and Sessions Judge, Patnacity.

Considering the aforesaid facts, let the above named petitioners be released on anticipatory bail in the event of arrest or surrender before the learned Court below within a period of twelve weeks from today on furnishing bail bond of Rs. 10,000/- (ten thousand) each with two sureties of the like amount each to the satisfaction of learned ACJM, Patnacity in connection with Gaurichak P.S. Case No. 275 of 2013 subject to the conditions as laid down under Section 438(2) Cr.P.C.

The learned court below shall be at liberty to cancel the bail bonds of the petitioners in case the petitioners default, without any reasonable cause, on three consecutive occasions. (Dinesh Kumar Singh, J) Anil/- U T