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Patna High Court - Orders

Shyam Sah vs The State Of Bihar on 5 October, 2015

Author: Dinesh Kumar Singh

Bench: Dinesh Kumar Singh

                    IN THE HIGH COURT OF JUDICATURE AT PATNA
                                  Criminal Miscellaneous No.39305 of 2015
                    Arising Out of PS.Case No. -79 Year- 2015 Thana -WARISNAGAR District- SAMASTIPUR
                 ======================================================
                 1. Shyam Sah, Son of Late Jagdev Sah, Resident of Village- Satmalpur,
                    Police Station- Warisnagar, District- Samastipur.

                                                                               .... ....   Petitioner/s
                                                       Versus
                 1. The State of Bihar

                                                              .... .... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     : Mr. Sujit Kumar Singh
                 For the Opposite Party/s : Mr. Parmanand Kumar(App)
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE DINESH KUMAR SINGH
                                                  ORAL ORDER

2   05-10-2015

Petitioner being brother of the husband of the victim is apprehending his arrest in a case registered for the offences punishable under Section 302/34 of the Indian Penal Code.

The accusation is killing the daughter of the informant after eight years of marriage for non-fulfilment of dowry demand.

It is submitted by learned counsel for the petitioner that accusation is omnibus and general. The petitioner claims to be separate from the husband of the victim. A certificate to that effect has been issued by the Mukhiya of Gram Panchayat, Satmalpur which has been brought on record as Annexure-2.

Considering the accusation levelled in the background of death after eight years of marriage, let the Patna High Court Cr.Misc. No.39305 of 2015 (2) dt.05-10-2015 2/2 petitioner, above named, in the event of his arrest or surrender before the Court below within a period of 12 weeks from today, be released on anticipatory bail on furnishing bail bond of Rs. 10,000/-(ten thousand) with two sureties of the like amount each to the satisfaction of learned Judicial Magistrate, 1st Class, Samastipur in connection with Warisnagar P.S. Case No. 79 of 2015, subject to the conditions as laid down under Section 438(2) of the Cr.P.C.

(Dinesh Kumar Singh, J) Shageer/-

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