Phoolpari Devi And ORS. v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.7060 of 2015 Arising Out of PS.Case No. -149 Year- 2014 Thana -NAUTAN District- SIWAN ======================================================

1. Phoolpari Devi Wife of Shri Ramashankar Tiwary

2. Niranjan Tiwary

3. Ashish Tiwary Both sons of Shri Ramashankar Tiwary

4. Anshu Devi Wife of Niranjan Tiwary All are resident of village - Shahpur Mishrauli, P.S. Nautan, District - Siwan .... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Dr. Uma Shankar Prasad, Sr. Advocate Mr. Kamala Kant Tiwary, Adocate For the Opposite Party/s : Mr. Dr. Indiwar Kumari (App) ====================================================== CORAM: HONOURABLE JUSTICE SMT. ANJANA MISHRA ORAL ORDER 27-04-2015 Heard learned counsel for the petitioners and learned Additional Public Prosecutor for the State.

The petitioner apprehends their arrest in connection with Nautan P.S. Case No. 149/2014 registered for the offences punishable under Sections 498-A, 341, 323, 307, 506/34 of the Indian Penal Code.

Earlier in this connection case diary was called for to ascertain and for clarifying the nature of allegations as made against these petitioners.

Learned counsel for the petitioners submits that the independent witnesses of the case have also not supported the prosecution case that the victim girl has been killed. Admittedly, the marriage took place more than eleven years prior to the

Patna High Court Cr.Misc. No.7060 of 2015 (3) dt.27-04-2015 P2/2 lodging of the First Information Report. Furthermore, the allegation of having sprinkling of petrol and burning the informant is of the year 2003 whereas the First Information Report has been registered after more than a year.

Considering the submissions that the informant's husband is already in custody and the role assigned to these petitioners was unjustified as per the materials available in the case diary, let the petitioners above named, in the event of their arrest / surrender within a period of two weeks from the date of receipt/production of a copy of this order, is directed to be enlarged on bail on furnishing bail bonds of Rs. 10,000/- (ten thousand) each with two sureties of the each amount to the satisfaction of the learned Chief Judicial Magistrate, Siwan in connection with Nautan P.S. Case No. 149/2014 subject to the conditions as laid down under Section 438(2) of the Cr. P.C. (Anjana Mishra, J) Saif/- U T