Sukat Mian v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.79813 of 2019 Arising Out of PS. Case No.-515 Year-2019 Thana- TURKAULIYA District- East Champaran ====================================================== 1.

SUKAT MIAN S/o Junab Mian Resident of Chailaha, P.S.- Banjariya, District- East Champaran 2.

Aasma Khatoon W/o Sukat Mian Resident of Chailaha, P.S.- Banjariya, District- East Champaran ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Patanjali Rishi For the Opposite Party/s :

Mr.Ajit Kumar ====================================================== CORAM: HONOURABLE MR. JUSTICE SUDHIR SINGH ORAL ORDER 06-12-2019 Heard learned counsel for the petitioners and learned APP for the State.

The petitioners are apprehending their arrest in a case registered under Sections 304B and 34 of the Indian Penal Code.

Allegation against the accused persons is of committing torture and assault and thereafter caused death of the victim due to non-fulfilment of demand of dowry. It has been submitted on behalf of the petitioners that the petitioners have got no criminal antecedent. There is no allegation of tampering of witnesses alleged against the petitioners. The petitioners have falsely been implicated in the

Patna High Court CR. MISC. No.79813 of 2019(2) dt.06-12-2019 2/2 present case due to petty family dispute. The petitioners are father-in-law and mother-in-law of the deceased. They are separate in mess and property from the husband of the deceased. The petitioners have got no concern with the alleged occurrence. A petition has been filed by the informant in the Court below in which he has retracted from the earlier statement made in the F.I.R. The said application is Annexure-P/2 to the application. On behalf of the State, it is submitted that the petitioners are named in the F.I.R.

Considering the aforesaid facts and circumstances, let the petitioners, above named, in the event of arrest/surrender before the learned court below within a period of six weeks from today, be released on anticipatory bail 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, East Champaran in connection with Turkauliya (Banjariya) P.S. Case No. 515 of 2019, subject to the conditions as laid down under Section 438(2) of the Code of Criminal Procedure.

(Sudhir Singh, J) Pankaj/- U T