Gotam Mukhiya @ Goutam Mukhiya And ORS v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Miscellaneous No.49068 of 2014 Arising Out of PS.Case No. -6 Year- 2014 Thana -KUSHESHWARSTHAN DistrictDARBHANGA ======================================================
1. Gotam Mukhiya @ Goutam Mukhiya, son of Late Udai Mukhiya
2. Pawan Mukhiya, son of Binde Mukhiya
3. Ram Prakash Mukhiya @ Ramu Mukhiya, son of Mangan Mukhiya
4. Maha Devi, wife of Ramu Mukhiya 5.Kavita Devi, wife of Manoj Mukhiya All residents of village - Brahampur, P.S. - K. Asthan, District - Darbhanga.
.... .... Petitioner/s
Versus
The State of Bihar .... .... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s : Mr. Binod Kumar, Advocate For the Opposite Party/s : Mr. Uma Nath Mishra (APP) ====================================================== CORAM: HONOURABLE JUSTICE SMT. ANJANA MISHRA ORAL ORDER 02-09-2015 Heard learned counsel for the petitioners and the learned counsel for the State.
The petitioner No.1, being the Dewar of the deceased lady, and petitioner Nos.2 to 5, being the other extended family members of the deceased, are apprehending their arrest in connection with Kusheshwar Asthan P.S. Case No.06 of 2014 for allegedly having committed the offences under Section 304B/34 of the Indian Penal Code.
Earlier in this case, case diary was called for, which has since been received.
Learned counsel for the petitioners submits that these
Patna High Court Cr.Misc. No.49068 of 2014 (5) dt.02-09-2015 2/2 petitioners have already been separate from the immediate family of the deceased and her husband and have no connection with the alleged demand of dowry and consequent death. Learned counsel for the petitioners further submits that admittedly, there was some altercation between the husband of the deceased and herself, which led to her committing suicide. Considering the nature of allegations made against these petitioners and also that specific allegation is against the husband of the deceased and not against these petitioners, let all the petitioners, above named, in the event of their arrest or surrender before the court below within a period of three weeks from the date of receipt/production of a copy of this order, be released on bail on furnishing bail bonds of Rs.
10,000/- (Ten thousand) each with two sureties of the like amount each to the satisfaction of the learned Chief Judicial Magistrate, Benipur, in connection with Kusheshwar Asthan P.S. Case No.06 of 2014, subject to the conditions as laid down under Section 438(2) of the Code of Criminal Procedure.
(Anjana Mishra, J) PNM U T