Shakuntala Devi And ORS v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.6854 of 2017 Arising Out of PS.Case No. -216 Year- 2016 Thana -BEUR District- PATNA ======================================================

1. Shakuntala Devi, W/o Rajkishore Choudhary,

2. Ruby Kumari @ Ruby Devi, W/o Sri Vijay Choudhary.

3. Jitendra Choudhary @ Jitendar Choudhary, S/o Raj Kishore Choudhary, All are Resident of Mohalla- Mahavir colony, Road NO.- 2, Chhoti, Hanuman Mandir, P.S.- Beur, District- Patna.

.... .... Petitioner/s

Versus

1. The State of Bihar.

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

For the Petitioner/s : Mr. Dhananjaya Nath Tiwari, Advocate For the Opposite Party/s : Mr. Md. Arif, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE SUDHIR SINGH ORAL ORDER 06-03-2017 Mr. Dhananjaya Nath Tiwari, learned Counsel for the Petitioners seeks permission to withdraw the application as far as the petitioner No.3 is concerned.

It is further submitted that the petitioner No.3 has died in the judicial custody.

Application filed on behalf of petitioner No.3 is dismissed as withdrawn.

Heard learned counsel for the petitioner No.1 and 2 and the State.

The petitioners seek bail in a case instituted for the offences under Sections 498(A), 364 of the I.P.C. and Sections 3⁄4 of the Dowry Prohibition Act.

Patna High Court Cr.Misc. No.6854 of 2017 (2) dt.06-03-2017 2/3 The prosecution story, in brief, is that the daughter of the informant was married in the year 2015. After marriage she was tortured by the accused persons including the petitioners. The accused persons forced his daughter to demand Rs.5 lacs as dowry. A suspicion has been raised by the informant that all the accused persons have taken away his daughter with intention to murder.

It has been submitted on behalf of the petitioners that the petitioners are in custody since 28.10.2016 and the charge sheet has been submitted in the present case. The petitioners have got no criminal antecedent. There is no allegation of tampering of witnesses alleged against the petitioners. The petitioner No.1 is the mother-in-law of the victim lady and petitioner No.2 is the married Nanad of the victim lady. The husband of the victim lady is in custody. The petitioners are separate in mess and property from the husband of the victim. The petitioners are ladies. On behalf of the State, it is submitted that the petitioners are named in the F.I.R. The victim girl is still traceless. Considering the aforesaid facts and circumstances, it is directed that the petitioners No.1 and 2 above named be released on bail on furnishing bail bond of Rs. 10,000/-(Ten thousand) with two sureties of the like amount each to the satisfaction of

Patna High Court Cr.Misc. No.6854 of 2017 (2) dt.06-03-2017 3/3 Additional Sessions Judge IXth, Patna in connection with Sessions Trial No.850 of 2016 arising out of Beur P.S. case No.216 of 2016.

(Sudhir Singh, J) Narendra/- U T