Soni Devi And ORS v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.12816 of 2019 Arising Out of PS. Case No.-1133 Year-2018 Thana- BIHTA District- Patna ====================================================== 1.

Soni Devi, aged about 30 Years, Gender-F, W/o Sri Sanjay Kumar @ Sanjay Rai, Resident of Village- Panchanand, P.S.- Bihta, Distt.- Patna. 2.

Sanjay Kumar @ Sanjay Rai, aged about 32 Years, Gender-M, S/o Sri Satya Narayan Rai, Resident of Village- Panchanand , P.S.- Bihta, Distt.- Patna. 3.

Satya Narayan Ray @ Satya Narain Rai, aged about 60 Years, Gender-M, S/o Late Chanarika Rai, Resident of Village- Panchanand, P.S.- Bihta, Distt.- Patna.

... ... Petitioners

Versus

The State Of Bihar ... ... Opposite Party ====================================================== Appearance :

For the Petitioners :

Mr.Vijay Kumar Sinha, Advocate.

For the Opposite Party :

Mr.Ashok Kumar Singh, A.P.P.

====================================================== CORAM: HONOURABLE MR. JUSTICE SUDHIR SINGH ORAL ORDER 01-03-2019 Heard learned counsel for the petitioners and learned A.P.P. for the State.

The petitioners are apprehending their arrest in a case for the offence registered under Sections 304(B)/34 of the IPC. The prosecution story, in brief, is that the accused persons including the petitioners killed the victim due to nonfulfilment of demand of dowry. It has been submitted by learned counsel for the petitioners that the petitioners have got no criminal antecedent. There is no allegation of tampering with the witnesses alleged against the petitioners. The petitioners have been made accused

Patna High Court CR. MISC. No.12816 of 2019(2) dt.01-03-2019 2/2 in the present case due to mistake of fact. The petitioner no. 1 is the Gotani, petitioner no. 2 is the Bhaisur and petitioner no.3 is the father-in-law of the deceased. They are separate in mess and property from the husband of the deceased. They have got no concern with the alleged occurrence.

On behalf of the learned counsel for the State, it has been submitted that the petitioners are named in the F.I.R/ complaint case.

Considering the aforesaid facts and circumstances, let the petitioners above named, in the event of arrest or surrender before the learned court below within a period of six weeks from today, be released on anticipatory bail on furnishing bail bonds of Rs.10,000/- (Ten Thousand) each with two sureties of the like amount each to the satisfaction of the learned A.C.J.M.- I, Danapur, in connection with Bihta P.S. Case No. 1133 of 2018, G.R. No. 3366 of 2018, subject to the conditions as laid down under Section 438(2) of the Code of Criminal Procedure. (Sudhir Singh, J) U.K./- U T