Nand Kishor Ram @ Lalu Ram And ORS v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Miscellaneous No.9642 of 2018 Arising Out of PS.Case No. -635 Year- 2016 Thana -BHABHUA District- BHABHUA (KAIMUR) ======================================================
1. Nand Kishor Ram @ Lalu Ram
2. Sanju Devi &
3. Lawanga Kunwar .... .... Petitioner/s
Versus
The State of Bihar .... .... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s : Mr. Ajay Nandan Sahay For the Opposite Party/s : Mr. Sri Ramchandra Singh ====================================================== CORAM: HONOURABLE MR. JUSTICE DINESH KUMAR SINGH ORAL ORDER 17-02-2018 Heard learned counsel for the petitioners and learned APP for the State.
The petitioners being Brother-in-law (Bhainsur), sisterin-law (Gotani) and mother-in-law of the deceased are apprehending their arrest in a case registered for the offence punishable under Sections-304B, 201/34 of the Indian Penal Code. The prosecution case got initiated with the written report of Jokhan Ram dated 01-11-2016, to the effect that informant's daughter namely Manju Kumari was married with Saroj Ram in 2016. It is alleged that on 13-10-2016 at 5.00 P.M. one Babulal conveyed to the informant on his mobile phone that his daughter has been killed by her in-laws. Thereafter, the informant went to his sister's in-laws' house and he came to know
Patna High Court Cr.Misc. No.9642 of 2018 (2) dt.17-02-2018 that the dead body has been disposed of.
It is submitted on behalf of the petitioners that the thrust of the accusation is against husband of the victim and on conclusion of investigation, the petitioners were not sent up for trial, whereas husband of the victim, namely Saroj Ram has been charge sheeted under Sections-306/201 of the Indian Penal Code but the learned court below differing with the final form, took cognizance of the offence against the petitioners also. Considering the fact that petitioners who are in laws of the victim have not sent up for trial and charge sheet has been submitted against husband of the victim under Sections-306, 201 of the Indian Penal Code, let the above named petitioners be released on anticipatory bail, in the event of arrest or surrender before the court below within a period of twelve weeks from today, on furnishing bail bonds of Rs.
10,000/- (ten thousand) each with two sureties of the like amount each to the satisfaction of learned Chief Judicial Magistrate, Kaimur at Bhabua in connection with Bhabua P.S. Case No. 635 of 2016 subject to the conditions as laid down under Section-438(2) of the Cr.P.C. (Dinesh Kumar Singh, J) A.K.V.