Ratiya Devi And ORS v. The State Of Bihar And ANR

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.2553 of 2019 Arising Out of PS. Case No.-305 Year-2018 Thana- CHIRAIYA District- East Champaran ======================================================

1. Ratiya Devi, wife of Kamal Paswan

2. Ribha Devi, wife of Ravi Shankar Paswan

3. Kamal Paswan, son of Late Hari Paswan

4. Ravi shankar Paswan, son of Kamal Paswan

5. Raj Narayan Mahto, son of Late Janak Mahto All are resident of village Parewa Police station Shikarganj District East Champaran ... ... Petitioner/s

Versus

1. The State of Bihar and anr bihar

2. Priyanka Devi Rama Shankar Paswan resident of village Parsa Police station Dhaka District East Champaran ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Dhurendra Kumar For the Opposite Party/s :

Mr.Ashlam Ansari(App241) ====================================================== CORAM: HONOURABLE MR. JUSTICE CHAKRADHARI SHARAN SINGH ORAL ORDER 21-01-2019 Heard learned Counsel for the petitioners and learned Additional Public Prosecutor for the State. This application, for grant of anticipatory bail, arises out of Chiraiya (Shikarganj) Police Station Case No. 305 of 2018, disclosing offences under Sections 498A/34 of the Indian Penal Code and Sections 3/4 of Dowry Prohibition Act. The petitioner No. 1 is mother-in-law and petitioner no. 3 is father-in-law of the informant. The petitioner nos. 2 and 4 are sister and brother of the informant. Petitioner no. 5 is not related to the In-laws of the informant.

Patna High Court Cr.Misc. No.2553 of 2019(2) dt.21-01-2019 2/3 Learned Counsel for the petitioners has submitted that petitioner no. 5 is a co-villager. It has been submitted that the informant has filed another criminal case which has been registered as Chiraiya (Shikarganj) Police Station Case No. 305 of 2018, making allegation of commission of offence under Section 498A of the of the Indian Penal Code and under Sections 3/4 of the Dowry Prohibition Act. It is being argued that these petitioners have been implicated only because they are related to the husband of the informant.

Be that as it may, considering the nature of accusation, this application is allowed.

Let the petitioners, above named, in the event of their arrest or surrender before the Court below within six weeks, be released on bail on furnishing bail bonds of Rs. 10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of learned Sub Divisional Judicial Magistrate, Sikrahana at Dhaka, East Champaran, Motihari, in connection with Chiraiya (Shikarganj) Police Station Case No. 305 of 2018, subject to the condition laid down under Section 438 (2) of the Code of Criminal Procedure.

This is subject to the condition that the petitioners shall present themselves before the police/Court, as the case

Patna High Court Cr.Misc. No.2553 of 2019(2) dt.21-01-2019 3/3 may be, as and when required and in the event of failure on their part to appear before the Court on two consecutive occasions, their bail bonds shall be liable to be cancelled. (Chakradhari Sharan Singh, J.) ragini/- U √ T √