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Patna High Court - Orders

Vikash Kumar & Anr. vs The State Of Bihar on 1 August, 2013

Author: Sheema Ali Khan

Bench: Sheema Ali Khan

      Patna High Court Cr.Misc. No.32063 of 2013 (2) dt.01-08-2013




                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                                    Criminal Miscellaneous No.32063 of 2013
                   ======================================================
                   1. VIKASH KUMAR, SON OF MANISH PRASAD @ MANNILAL
                   2. SUDHA DEVI, WIFE OF MANISH PRASAD @ MANNILAL
                   BOTH RESIDENT OF VILLAGE SITA BIGHA, P.S. PARWALPUR,
                   DISTRICT NALANDA
                                                                    .... .... PETITIONER/S
                                                   VERSUS
                   THE STATE OF BIHAR
                                                              .... .... OPPOSITE PARTY/S
                   ======================================================
                   Appearance :
                   For the Petitioner/s     :  Mr.
                   For the Opposite Party/s   : Mr.
                   ======================================================
                   CORAM: HONOURABLE JUSTICE SMT. SHEEMA ALI KHAN
                   ORAL ORDER

2   01-08-2013

Heard Counsel for the petitioners and the A.P.P. representing the State.

The two petitioners, who are the brother-in-law and the mother-in-law of the victim lady, apprehend their arrest in a case under Sections 304(B), 201 and 120B of the Indian Penal Code.

The allegation is that there was a demand of Rs. One lakh and the daughter of the informant was done to death on account of non-payment and her body was disposed of by cremating her.

Counsel for the petitioners submits that the allegation is false, the girl died due to illness, the case was lodged because there was a demand on behalf of the father of the victim lady, that certain lands should be transferred in the name of Ankit Kumar @ Sahil Kumar, son of the victim lady. Subsequently, on 11.07.2013, a sale deed was Patna High Court Cr.Misc. No.32063 of 2013 (2) dt.01-08-2013 executed in favour of Ankit Kumar. Thereafter, the informant gave a statement that a case has been lodged because of misconception and that his daughter died due to illness.

It is submitted on behalf of the petitioners that the husband of the victim lady is in custody.

Considering the fact that the petitioners have no direct role to play in the matter and that the husband of the victim lady is in custody, the above named petitioners are directed to be released on anticipatory bail in the event of their arrest/surrender before the Court below within a period of four weeks from today in Parwalpur Police Station Case No. 40 of 2013 on furnishing bail bonds of Rs. 10,000/- (ten thousand) each with two sureties of the like amount each to the satisfaction of the Additional Chief Judicial Magistrate, Hilsa, Nalanda subject to the conditions as laid down under Section 438(2) of the Code of Criminal Procedure.

(Sheema Ali Khan, J) Prabhakar Anand/-