Heera Devi And ORS v. The State Of Bihar

Patna High Court Cr.Misc. No.42281 of 2014 (2) dt.04-03-2015

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.42281 of 2014 Arising Out of PS.Case No. -246 Year- 2013 Thana -SHEOHAR District- SHEOHAR ======================================================

1. Heera Devi wife of Bhajan Sah

2. Ram Babu Sah son of late Ram Bhajan Sah

3. Ram Sagar Sah son of late Ram Bhajan Sah All are resident of Village - Harnahiya, P.S. + District - Sheohar. .... .... Petitioner/s

Versus

1. The State of Bihar.

.... .... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s : Mr. Hans Lal Kumar For the Opposite Party/s : Mr. Shahin Begum (App) ====================================================== CORAM: HONOURABLE MR. JUSTICE JITENDRA MOHAN SHARMA ORAL ORDER 04-03-2015 Heard learned counsel for the petitioners and learned counsel representing the State.

Petitioners apprehend their arrest in connection with Sheohar P.S. Case No. 246 of 2013 registered for the offences punishable under Sections 304B/34 of the Indian Penal Code. Allegedly, the sister of the informant was killed after two years of her marriage due to non-fulfillment of demand of dowry and the petitioners are mother-in-law and brother-in-laws of the deceased.

It is submitted by the learned counsel for the petitioners that the petitioners are living separately from the husband of the deceased, there is no specific allegation against

Patna High Court Cr.Misc. No.42281 of 2014 (2) dt.04-03-2015 these petitioners and co-accused Bhikhar Sah, Akhilesh Sah and Sukhveer Sah have been allowed pre-arrest bail by another Bench of this Court vide order dated 18.12.2014 passed in Cr. Misc. No. 45195 of 2014, and as such, the petitioners also deserve sympathetic consideration to which the learned APP opposes. In the facts and circumstances stated above, the petitioners above named, in case of their surrender or arrest within two months from the date of receipt/production of a copy of this order, shall be released on bail on execution of bail bonds of Rs. 10,000/- (ten thousand) each with two sureties of the like amount each to the satisfaction of the learned Chief Judicial Magistrate, Sheohar in connection with Sheohar P.S. Case No. 246 of 2013, subject to the conditions as laid down under Section 438 (2) of the Cr.P.C.

(Jitendra Mohan Sharma, J) avin/- U T