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Patna High CourtCR. MISC./54949/2015bail granted

Bijendra Manjhi And ORS. v. The State Of Bihar

2015-12-03Mr. Justice Dinesh Kumar Singh2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.54949 of 2015 Arising Out of PS.Case No. -219 Year- 2013 Thana -GAURICHAK District- PATNA ======================================================

1. Bijendra Manjhi

2. Mahali Devi.

3. Anita Devi.

.... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Ashok Kumar Jha For the Opposite Party/s : Mr. Arun Kr.Panday(App) ====================================================== CORAM: HONOURABLE MR. JUSTICE DINESH KUMAR SINGH ORAL ORDER 03-12-2015 Heard learned counsels for the petitioner and the State. The petitioners being the parents and brother's wife of the husband of the victim are apprehending arrest in a case registered for the offences punishable under Sections 304B, 498A/34 and 201 of the Indian Penal Code and Section 3/4 of the Dowry Prohibition Act.

The accusation is of killing the daughter of the informant for non-fulfillment of the dowry demand. It is submitted by learned counsel for the petitioners that as per the own admission of the informant in the FIR, the marriage was performed about seven years prior to the death of the victim, hence, the case does not come within the purview of Section 304B of the IPC. The accusation is omnibus and general against the entire in-laws family members including the petitioners and the

Patna High Court Cr.Misc. No.54949 of 2015 (2) dt.03-12-2015 2/2 thrust of accusation is against the husband of the victim. 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 12 weeks from today, on furnishing bail bond of `10,000/- (ten thousand) each with two sureties of the like amount each to the satisfaction of the learned A.C.J.M., Patna City in connection with Gaurichak P.S. Case No. 219 of 2013, subject to the conditions as laid down under Section 438(2) Cr.P.C.

(Dinesh Kumar Singh, J) Amrendra/- U T