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Patna High CourtCR. MISC./70095/2018bail granted

Laxman Ram @ Laxman Kumar And ANR v. The State Of Bihar

2018-12-05Mr. Justice Dinesh Kumar Singh3 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.70095 of 2018 Arising Out of PS. Case No.-462 Year-2018 Thana- JAMUI District- Jamui ======================================================

1. Laxman Ram @ Laxman Kumar Ram, S/o Ramjit Ram.

2. Puna Devi @ Runa Devi D/o Ranjit Ram, Both are Resident of Village-Puteriya, P.S. and District-Jamui.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Rajesh Kumar Sinha For the Opposite Party/s :

Mr. Sri Abhay Kumar Roy ====================================================== CORAM: HONOURABLE MR. JUSTICE DINESH KUMAR SINGH ORAL ORDER 05-12-2018 Heard learned counsels for the parties.

The petitioners, being the younger brother and sister of the husband of the victim, are apprehending arrest in a case registered for the offences punishable under Sections 304B/34 of the IPC and Sections 3 and 4 of Dowry Prohibition Act. The prosecution case as per the written report of Chameli Devi submitted the SHO, Jamui is to the effect that the daughter of the informant, namely, Neetu Devi was married with co-accused Kundan Ram in 2014 but subsequent to the marriage, further dowry demand of Rupees Two Lacs and a motorcycle was made and due to non-fulfillment of the same, torture was inflicted on the daughter of the informant by the

Patna High Court Cr.Misc. No.70095 of 2018(2) dt.05-12-2018 2/3 petitioners and other in-law family members. It is further alleged that in spite of efforts being made for reconcilliation, all the accused persons kept on inflicting torture on the daughter of the informant. The daughter of informant had earlier lodged a case against the accused persons who were pressurizing her for withdrawing the case. It is further alleged that ultimately, on 28.8.2018, the victim was assaulted which resulted into her death.

It is submitted by learned counsel for the petitioners that the accusation against the petitioners is omnibus and general. Petitioner no. 2 is an unmarried girl. It is further submitted that thrust of accusation is against the husband of the victim. Statement has been made in paragraph 3 of the petition that the petitioners are not having any criminal antecedent. Learned APP submits that the petitioners are named in the FIR.

Considering the aforesaid facts, let the petitioners above named be released on anticipatory bail in the event of arrest or surrender within 12 weeks on furnishing bail bond of Rs.10,000/- (ten thousand) each with two sureties of the like amount each to the satisfaction of the learned CJM, Jamui in connection with Jamui (Adarsh) P.S. Case No. 462 of 2018 subject to the

Patna High Court Cr.Misc. No.70095 of 2018(2) dt.05-12-2018 3/3 conditions laid down in Section 438(2) of the Cr.P.C. (Dinesh Kumar Singh, J) anil/- U