Patna High Court - Orders
Kedar Raut & Ors. vs The State Of Bihar on 7 January, 2013
Author: Dinesh Kumar Singh
Bench: Dinesh Kumar Singh
IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Miscellaneous No.36968 of 2012
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1. Kedar Raut S/O Late Kameshwar Raut R/O Village Pokharpur, P.S.
Geriyak, District Nalanda.
2. Indu Devi W/O Kedar Raut R/O Village Pokharpur, P.S. Geriyak,
District Nalanda.
3. Birendra Kumar Rai @ Master S/O Kedar Raut R/O Village Pokharpur,
P.S. Geriyak, District Nalanda.
.... .... Petitioners.
Versus
The State Of Bihar
.... .... Opposite Party.
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CORAM: HONOURABLE MR. JUSTICE DINESH KUMAR
SINGH
ORAL ORDER
3 07-01-2013Heard learned counsels for the petitioners, informant and the State.
The petitioners being the parents and the elder brother of the husband of the victim are apprehending their arrest in a case registered for the offences punishable under Sections 304(B) and 201/34 of the Indian Penal Code.
The accusation is of killing the daughter of the informant within one year of marriage for non- fulfillment of dowry demand.
It is submitted by learned senior counsel for the petitioners that the accusation is not against the petitioners when the victim received burnt injury on 13.06.2012 when the petitioner no.1 had made information to the victim's father and on whose presence cremation was done on 14.06.2012 but the First Information Report was lodged on 2 Patna High Court Cr.Misc. No.36968 of 2012 (3) dt.07-01-2013 2/2 16.06.2012 which was received before the learned court below on 18.06.2012. It is further submitted that during investigation, statements of the witnesses have been recorded to suggest that there was some fight between the victim and her husband for the sake of motorcycle when connivance of the wife of brother of the husband has suggested by the Investigating Officer.
It is submitted by learned counsel for the informant that the husband is in custody and only husband has been charge sheeted whereas investigation against the petitioners is still pending.
Considering the aforesaid facts, let the learned court below consider regular bail of the petitioners if they surrender within a period of six weeks from the date of receipt of copy of this order in connection with Giriyak P.S. Case No. 108 of 2012 pending in the court of the learned C.J.M. Nalanda at Biharsharif.
With this observation, the application is disposed off.
Let the order be faxed to the learned court below at the cost of the petitioners.
U.K./- (Dinesh Kumar Singh, J)