Patna High CourtCR. MISC./47702/2014disposed

Manoj Kumar And ANR. v. The State Of Bihar

2015-08-06Mr. Justice Dinesh Kumar Singh2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.47702 of 2014 Arising Out of PS.Case No. -125 Year- 2014 Thana -SUGAULI DistrictEASTCHAMPARAN(MOTIHARI) ======================================================

1. Manoj Kumar Son of Kishori Sah

2. Urmila Devi Wife of Kishori Sah Both are resident of village- Belwatia, P.S.- Sugauli, District- East Champaran .... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Sunil Kumar No.Iii For the Opposite Party/s : Mr. Dr.Rabindra Kumar (App) ====================================================== CORAM: HONOURABLE MR. JUSTICE DINESH KUMAR SINGH ORAL ORDER 06-08-2015 Heard learned counsels for the petitioner and the State. The petitioners being the brother and mother of the husband of the victim are apprehending arrest in a case registered for the offences punishable under Sections 304B, 201, 328 and 120B of the Indian Penal Code.

The accusation is of killing the daughter of the informant after about one year of the marriage for non-fulfillment of the dowry demand by making assault and administering poison. It is submitted by learned counsel for the petitioners that the accusation of demand of dowry and torture is not specific against the petitioners. Petitioner no.1 claims to reside at Bangalore and petitioner no.2 claims to be separate from the

Patna High Court Cr.Misc. No.47702 of 2014 (4) dt.06-08-2015 2/2 husband of the victim.

The impugned order reflects that the postmortem report suggests the death due to injury caused on the head of the victim. Let the learned court below consider the prayer for regular bail of the petitioners if they surrender within a period of six weeks in connection with Sugauli P.S. Case No. 125 of 2014 pending in the court of learned Assistant Chief Judicial Magistrate, Motihari, East Champaran keeping in view of the fact that the thrust of accusation is against the husband of the victim and the father of the husband of the victim has been granted regular bail vide Cr. Misc. No. 3384 of 2015. With the above observation, this application is accordingly disposed of.

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