Pulis Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.989 of 2020 Arising Out of PS. Case No.-78 Year-2019 Thana- MURAR District- Buxar ====================================================== 1.

Pulis Kumar Son of Loknath Singh @ Sugan Mahto Resident of Village - Nachap, P.S.- Murar, Distt - Buxar.

2.

Rahul Kumar Son of Loknath Singh @ Sugan Mahto Resident of Village - Nachap, P.S.- Murar, Distt - Buxar.

3.

Tulsi Singh Son of Dadan Mahto Resident of Village - Nachap, P.S.- Murar, Distt - Buxar.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Anil Kumar Singh For the Opposite Party/s :

Mr.Sanjay Kumar Singh ====================================================== CORAM: HONOURABLE MR. JUSTICE DINESH KUMAR SINGH ORAL ORDER 25-02-2020 Heard learned counsels for the petitioners and the State.

The petitioners, being the brothers and co-villagers of the husband of the victim are apprehending arrest in a case registered for the offences punishable under Sections 304B and 120B/34 of the IPC.

The prosecution case, as per the written report of Bharat Singh, dated 30.09.2019, submitted to the Station House Officer, Murar Police Station, is to the effect that the daughter of the informant was married with co-accused Dhananjay Singh on 25.05.2019, but subsequent to the marriage, further dowry

Patna High Court CR. MISC. No.989 of 2020(2) dt.25-02-2020 2/3 demand of jewellery and cash amount of Rs. 20,000/- made and due to non-fulfillment of the same, the daughter of the informant was being tortured by all the accused persons including the petitioners. It is further alleged that on 29.09.2019, the husband of the victim informed the informant that his daughter has died. Thereafter, the informant came from Delhi and got the postmortem of the victim done and subsequently, the dead body was cremated.

It is submitted by learned counsel for the petitioners that petitioner nos. 1 and 2 are the own brothers of the husband of the victim, whereas petitioner no. 3 is a co-villager. The thrust of accusation is against the husband of the victim, who is in custody. There is no specific accusation against the petitioners. A statement has been made in paragraph no.3 of the petition that the petitioners are not having any criminal antecedent. Learned APP submits that the petitioners are named in the FIR with specific accusation.

Considering the fact that thrust of accusation is against the husband of the victim, coupled with the fact that the petitioners are not having any criminal antecedent, let the above named petitioners be released on anticipatory bail in the event of arrest/surrender before the learned Court below within a period

Patna High Court CR. MISC. No.989 of 2020(2) dt.25-02-2020 3/3 of twelve weeks from today, on furnishing bail bonds of Rs. 10,000/- (ten thousand) each with two sureties of like amount each to the satisfaction of learned J.M. 1st Class, Buxar in connection with Murar P.S. Case No. 78 of 2019, subject to the condition as laid down under Section 438(2) of the Cr. P.C. (Dinesh Kumar Singh, J) Amrendra/- U T