Laxman Sah And ORS v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.73493 of 2018 Arising Out of PS. Case No.-67 Year-2018 Thana- PIYAR District- Muzaffarpur ======================================================

1. Laxman Sah, Son of Chulhai Sah

2. Nagendra Sah @ Devendra Sah, Son of Laxman Sah

3. Harendra @ Dharvendra Sah @ Dharmendra Kumar Son of Laxman Sah

4. Lalita Devi Wife of Laxman Sah All are Resident of Village-Baidnathpur Simra,P.S. Pear (Piar) Distt.-Muzaffarpur ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Sanjay Kumar For the Opposite Party/s :

Mr.Sri Murlidhar ====================================================== CORAM: HONOURABLE MR. JUSTICE DINESH KUMAR SINGH ORAL ORDER 20-12-2018 Heard learned counsel for the petitioners and learned APP for the State.

The petitioners, being the parents and brothers of the husband of the victim, are apprehending their arrest in a case registered for the offences punishable under Sections 304B and 201/34 of the Indian Penal Code.

The prosecution case as per the written report of Shambhu Sah submitted to the Station House Officer of Muzaffapur is to the effect that the informant's daughter Shanti Devi was married with Upendra Sah in the year, 2016.

Patna High Court Cr.Misc. No.73493 of 2018(2) dt.20-12-2018 2/3 Subsequently, the informant's daughter was tortured for nonfulfillment of further dowry demand of a motorcycle. It is further alleged that the daughter of the informant was killed by the accused persons. It is alleged that on 15.05.2018 a complaint was also filed by the informant in the Court. It is submitted by learned counsel for the petitioners that the thrust of accusation is against the husband of the victim. The petitioners claim to be separate from the husband of the victim. A 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 First Information Report.

Considering the thrust of accusation against the husband of the victim coupled with the statement made in paragraph 3 of the petition that the petitioners are not having any criminal antecedent, let the above named petitioners be released on anticipatory bail in the event of arrest or surrender before the learned 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 Judicial Magistrate, Ist Class, Muzaffarpur in connection with Pear P.S. Case No. 67 of 2018,

Patna High Court Cr.Misc. No.73493 of 2018(2) dt.20-12-2018 3/3 subject to the conditions as laid down under Section 438(2) of the Cr.P.C.

(Dinesh Kumar Singh, J) DKS/- U T