Baharan Miyan And ANR v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.9759 of 2017 Arising Out of PS.Case No. -114 Year- 2016 Thana -JANTA BAZAR District- SARAN ======================================================

1. Baharan Miyan, son of Alim Miyan.

2. Ayasa Khatoon, wife of Baharan Miyan.

All resident of Chakbridhi, P.S. Bhagwanpur, District-Siwan. .... .... Petitioners.

Versus

The State of Bihar .... .... Opposite Party.

====================================================== Appearance :

For the Petitioners : Mr.

For the State : Mr.

For the Informant : Mr.

====================================================== CORAM: HONOURABLE MR. JUSTICE RAJENDRA KUMAR MISHRA ORAL ORDER ------------ 07-07-2017 Heard learned counsel for the petitioners and the learned A.P.P. for the State as also the learned counsel for the informant. The petitioners apprehend their arrest in connection with Janata Bajar P.S. Case No.114 of 2016 registered under Sections 304(B)/34 of the Indian Penal Code.

The accusation is of torturing the daughter of the informant, for non fulfillment of dowry demand of cash Rs.2,00,000/- by her husband and the petitioners, who are Nandosi and married Nanad of the daughter of the informant, due to which the daughter of the informant committed suicide by hanging herself.

Learned counsel appearing on behalf of the petitioners

Patna High Court Cr.Misc. No.9759 of 2017 (6) dt.07-07-2017 2/3 submits that while the informant, who is the mother of the deceased, has made allegation of making demand of dowry of cash Rs.2,00,000/- by the husband and these petitioners but both the petitioners are not residing at the matrimonial house of the deceased, the daughter of the informant. Further submission is that it would appear from the F.I.R. that the address of the husband of the deceased, the daughter of the informant, has been detailed therein as resident of village-Jalalpur, P.S. Janata Bajar, DistrictSaran whereas the address of the petitioners has been detailed therein as resident of village-Chakbridhi, P.S. Bhagwanpur Haat, District-Siwan, which is 30 kilometers away from the matrimonial house of the deceased, the daughter of the informant. The petitioners have no concern with the affairs of the husband of the deceased, the daughter of the informant. In fact, the petitioners have falsely been implicated in this case.

Having considered the facts and the circumstances of the case, let the petitioners, above named, in the event of their arrest or surrender by them within six weeks from today, be enlarged on bail on their furnishing bail bond of Rs.10,000/-(Rupees Ten Thousand) each with two sureties of the like amount each to the satisfaction of the Chief Judicial Magistrate, Saran, in connection with Janta Bajar P.S. Case No.114 of 2016, subject to the

Patna High Court Cr.Misc. No.9759 of 2017 (6) dt.07-07-2017 3/3 conditions laid down under Section 438(2) Cr.P.C. (Rajendra Kumar Mishra, J) P.S./- U T