Matijhari Devi And ORS v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.56594 of 2015 Arising Out of PS.Case No. -139 Year- 2015 Thana -GARKHA District- SARAN ======================================================

1. Matijhari Devi wife of Shankar Rai

2. Punam Kumari @ Punam Devi Daughter of Shankar Rai

3. Santosh Rai @ Santosh Kumar son of Shankar Rai All are residents of village - Kashima, P.S. - Garkha, District - Saran (Chapra).

.... .... Petitioner/s

Versus

1. The State of Bihar.

.... .... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s : Mr. Abhay Kumar Singh For the Opposite Party/s : Mr. Pushpa Sinha(App) ====================================================== CORAM: HONOURABLE MR. JUSTICE DINESH KUMAR SINGH ORAL ORDER 14-12-2015 Heard learned counsels for the petitioners and the State. The petitioners 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 of killing the daughter of the informant for non fulfillment of demand of dowry. It is submitted by learned counsel for the petitioner that the date of marriage has not been given in the FIR deliberately. In fact the victim committed suicide due to quarrel with her husband. Though the post mortem report reflects one bruise on the neck of the deceased. Moreover, the thrust of accusation is against the husband of the victim and the petitioners claim to be separate from

Patna High Court Cr.Misc. No.56594 of 2015 (2) dt.14-12-2015 the husband of the victim.

Considering the thrust of accusation against the husband of the victim, 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 Rs. 10,000/- (ten thousand) each with two sureties of the like amount each to the satisfaction of the learned Judicial Magistrate, 1st Class, Saran at Chapra in connection with Garkha P.S. Case No. 139 of 2015, subject to the conditions as laid down under Section 438(2) Cr.P.C.

(Dinesh Kumar Singh, J) Ranjan/- U