Bablu Kumar @ Bablu Kumar Karn And ANR v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.62017 of 2018 Arising Out of PS.Case No. -64 Year- 2018 Thana -MUSRIGHRARI District- SAMASTIPUR ======================================================

1. Bablu Kumar @ Bablu Kumar Karn, S/o Pawan Prasad, Resident of Village- Mobarakpur, P.S.- Sarairangan, Distt- Samastipur.

2. Chintu Kumar @ Chintu Kumar Karn, S/o Pawan Prasad, Resident of Village- Mubarakpur, P.S.- Sarairangan, Distt- Samastipur .... .... Petitioner/s

Versus

The State of Bihar.

.... .... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s : Mr. Anshu Dhar Sharma For the Opposite Party/s : Mr. Sri Aditya Narayan Singh 1 ====================================================== CORAM: HONOURABLE MR. JUSTICE DINESH KUMAR SINGH ORAL ORDER 02/ 06-10-2018 Heard learned counsel for the petitioners and learned APP for the State.

The petitioners, being the 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 Vimal Prasad dated 03.06.2018 submitted to the Station House Officer, Musrigharari P.S., is to the effect that the marriage of the daughter of the informant, Geeta Kumari was performed with Pintu Kumar two years prior to the lodging of

Patna High Court Cr.Misc. No.62017 of 2018 (2) dt.06-10-2018 2/3 the case, but a further dowry demand of Rs. Two lakh was made by the in-law family members and on non-fulfillment of the same, she was being tortured. However, the informant tried to pacify the issue. On 03.06.2018 at 7.30 A.M., the informant came to know through some unknown person that the daughter of the informant has been killed by her husband and other inlaws. The informant went to the in-laws house of his daughter where he found nobody and came to know that her dead body was disposed of.

It is submitted by learned counsel for the petitioners that the thrust of accusation is against the husband of the victim, who is in custody. It is further submitted that the petitioners are elder brothers of the husband of the victim claim to be separate from the husband of the victim. The accusation is omnibus and general. The brother of the petitioners performed love marriage with the victim hence, there was no question of demand of dowry.

Learned APP submits that the petitioners are named in the FIR.

Considering the thrust of accusation against the husband of the victim, let the above named petitioners be released on anticipatory bail in the event of arrest or surrender before the

Patna High Court Cr.Misc. No.62017 of 2018 (2) dt.06-10-2018 3/3 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 the like amount each to the satisfaction of learned Chief Judicial Magistrate, Samastipur in connection with Musrigharari P.S. Case No. 64 of 2018, subject to the conditions as laid down under Section 438(2) of the Cr.P.C. (Dinesh Kumar Singh, J) DKS/- U T