Patna High CourtCR. MISC./2143/2017bail granted

Mohani Devi And ANR v. The State Of Bihar

2017-01-25Mr. Justice Jitendra Mohan Sharma2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.2143 of 2017 Arising Out of PS.Case No. -15 Year- 2016 Thana -RUDRAPUR District- MADHUBANI ======================================================

1. Mohani Devi Wife of Raslal Yadav

2. Sanjeet Yadav @ Sanjeet Kumar Yadav Son of Raslal Yadav, Both residents of Village Rudrapur, P.S. Rudrapur, District Madhubani. .... .... Petitioners

Versus

1. The State of Bihar .... .... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s : Mr. R.K.Sharma, Sr. Advocate Mr. Lakshmi Kant Sharma, Advocate Mr. A.K.Pandey, Advocate For the Opposite Party/s : Mr. Matloob Ram, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE JITENDRA MOHAN SHARMA ORAL ORDER 25-01-2017 Heard the learned counsel for the petitioners as well as the learned A.P.P. for the State.

The petitioners seek bail in a case for the offences punishable under sections 304B and 120/34 of the I.P.C. Arti Kumari, daughter of the informant was married to Ranjeet Yadav two and half years ago and after some time the in-laws started demanding dowry and due to non-fulfilment, she was burnt to death by the petitioners and other co-accused. Submission is of false implication and that the informant after knowing the real fact, has filed compromise petition in the learned Court below. The petitioners are suffering

Patna High Court Cr.Misc. No.2143 of 2017 (2) dt.25-01-2017 in custody since 5.12.2016 and as such they deserve sympathetic consideration as they are mother-in-law and Dewar of the deceased.

Learned APP appearing for the State opposes the prayer of bail by submitting that the petitioners are named in the F.I.R.

In the facts and circumstances as stated above, the petitioners are directed to be released on bail on furnishing bail bond of Rs. 10,000/- (Ten thousand) each with two sureties of the like amount each to the satisfaction of C.J.M., Madhubani in Rudrapur P.S. Case No. 15 of 2016, subject to the conditions that one of the bailors must be a near relative and another having sufficient immovable property within the territorial jurisdiction of the court concerned and the petitioners shall remain present on each and every date during trial and the default on two consecutive dates on their part without any reason shall disentitle the petitioners from privilege of bail.

(Jitendra Mohan Sharma, J) A.I./- U