Suraj Bind @ Suryadev Bind v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.1804 of 2018 Arising Out of PS. Case No.-249 Year-2015 Thana- DHANARUA District- Patna ====================================================== Suraj Bind @ Suryadev Bind, Son of Late Chanarika Bind, Resident of Village- Jhammanchak, Barni, P.S.- Dhanrua, District- Patna. ... ... Petitioner

Versus

The State of Bihar.

... ... Opposite Party ====================================================== Appearance :

For the Petitioner/s :

Mr. Shakti Suman Kumar, Adv.

For the Opposite Party/s :

Mr. Tarun Prasad Mandal, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE DINESH KUMAR SINGH ORAL ORDER 15-01-2018 Heard learned counsels for the petitioner and State. The petitioner being the father of the husband of the victim is apprehending arrest in a case registered for the offences punishable under Sections 304B and 201/34 of the IPC. The prosecution case, as per the written report of Ram Pravesh Bind is to the effect that his daughter Basanti Devi was married with Jitan Bind about seven years prior to the lodging of the present case. It is alleged that all the accused persons including the petitioner demanded dowry of motorcycle and for non-fulfillment of the same, they initially tortured the victim and ultimately killed her.

It is submitted by learned counsel for the petitioners that the accusation is not specific against the petitioner. The thrust of accusation is against the husband of the victim, who is in

Patna High Court Cr.Misc. No.1804 of 2018(2) dt.15-01-2018 2/2 custody. Admittedly, the occurrence took place after seven years of the marriage, hence the case does not come within the purview of Section 304B of the IPC.

Learned APP submits that the petitioner is the father of the husband of the victim and general and omnibus accusation has been levelled against him.

Considering the fact that thrust of accusation is against the husband of the victim and occurrence took place after seven years of marriage, let the above named petitioner be released on anticipatory bail in the event of arrest/surrender before the learned Court below within a period of twelve weeks from today, on furnishing bail bonds of Rs. 10,000/- (ten thousand) with two sureties of like amount each to the satisfaction of learned Judicial Magistrate, 1st Class, Masaurhi, Patna in connection with Dhanarua P.S. Case No. 249 of 2015, subject to the condition as laid down under Section 438(2) of the Cr. P.C. (Dinesh Kumar Singh, J) Amrendra/- U T