Shailesh Singh And ANR v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.56055 of 2015 Arising Out of PS.Case No. -60 Year- 2015 Thana -NARHAT District- NAWADA ======================================================

1. Shailesh Singh Son of Madan Singh

2. Chinta Devi Wife of Madan Singh Both resident of VillageGangarampur P.s Narhat, in the District of Nawada. .... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Deepak Kumar For the Opposite Party/s : Mr. Ram Chandra Sahni(App) ====================================================== CORAM: HONOURABLE MR. JUSTICE DINESH KUMAR SINGH ORAL ORDER 10-12-2015 Petitioners being brother and mother of the husband of the victim are apprehending their arrest in a case registered for the offences punishable under Sections 304(B)/34 of the Indian Penal Code.

The accusation is killing the sister of the informant for non-fulfilment of dowry demand. It is submitted by learned counsel for the petitioners that as per the own admission of the informant the marriage was performed about seven years prior to the occurrence. Hence, the case prima facie does not come within the purview of Section 304(B) of the Indian Penal Code. The victim died due to illness and subsequently the informant has retracted from the initial version and filed a petition to that effect before learned Court below.

Considering the aforesaid facts, let the

Patna High Court Cr.Misc. No.56055 of 2015 (2) dt.10-12-2015 2/2 petitioners, above named, in the event of their arrest or surrender before the Court below within a period of 12 weeks from today, be released on anticipatory bail on furnishing bail bond of Rs. 10,000/-(ten thousand) each with two sureties of the like amount each to the satisfaction of learned Additional Chief Judicial Magistrate-IIIrd, Nawada in connection with Narhat P.S. Case No. 60 of 2015, subject to the conditions as laid down under Section 438(2) of the Cr.P.C. (Dinesh Kumar Singh, J) Shageer/- U T