Bablu Kumar And ORS v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Miscellaneous No.29618 of 2016 Arising Out of PS.Case No. -137 Year- 2015 Thana -KHUSRUPUR District- PATNA ======================================================
1. Bablu Kumar Son of Yogendra Sao
2. Ranjit Kumar Son of Yogendra Sao
3. Yogendra Sao Son of Late Shiv Lal Sao All are resident of village - Pachrukhia, P.S. Khusrupur, District - Patna .... .... Petitioner/s
Versus
1. The State of Bihar .... .... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s : Mr. Nilesh Kumar, Adv. For the Opposite Party/s : Mr. Shailendra Kumar Singh, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR JHA ORAL ORDER 23-09-2016 Heard both sides.
The petitioners apprehend their arrest in Khusrupur P.S. Case No. 137/2015, registered for the offences punishable under Sections 304B and 34 of the Indian Penal Code. The mother of the deceased alleged that her daughter was married to Raushan Kumar on 06.06.2014. On 31.07.2015 she got information that her daughter was burnt and she was admitted in Shubh Shivam Hospital, New Byepass Vijaynagar. The informant went there and saw that her daughter was burnt and lying there. The informant alleged that the accused persons burnt her daughter due to non-fulfillment of demand of dowry. Learned counsel for the petitioners submits that the
Patna High Court Cr.Misc. No.29618 of 2016 (3) dt.23-09-2016 2/3 informant made omnibus and general allegation against all the family members. During the course of investigation, the Investigating Officer found the room locked from inside and the same was broken. Witnesses have stated that there was some scuffle between the husband and the wife and on account of that she set herself ablaze. One of the villager Mikku Kumar in para 33 of the case diary disclosed that on hulla he went on his roof and saw that the deceased was crying and saying that her husband, father-in-law, brother-in-law and cousin father-in-law set her ablaze, but none of the witnesses have supported this version. All the witnesses have stated that victim herself set ablaze only she had verbal altercation with her husband. Surendra Sao cousin father-in-law of the deceased has already been enlarged on bail vide order passed in Cr. Misc. 28081/2016. Petitioners are fatherin-law and brothers-in-law of the deceased and the case of petitioners stands on the same footing.
Considering the facts aforesaid and the fact that the petitioners are in-laws and the witnesses have stated that the victim set herself ablaze inside the room on account of quarrel between the husband and wife, the petitioners above-named, in the event of their arrest or surrender before the court below within a period of four weeks from the date of receipt/production of a copy
Patna High Court Cr.Misc. No.29618 of 2016 (3) dt.23-09-2016 3/3 of this order, are directed to be enlarged on bail on furnishing bail bond of Rs. 10,000/- (Ten thousand) each with two sureties of the like amount each to the satisfaction of Judicial Magistrate Ist Class, Patna City in connection with Khusrupur P.S. Case No. 137/2015, subject to the conditions as laid down under Section 438(2) of the Cr. P.C.
(Prabhat Kumar Jha, J.) Vinita/- U T