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Patna High CourtCR. MISC./22279/2021bail granted

Daulatiya Devi v. The State Of Bihar

2022-03-09Mr. Justice Nawneet Kumar Pandey2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.22279 of 2021 Arising Out of PS. Case No.-38 Year-2020 Thana- PARSA District- Saran ====================================================== 1.

Daulatiya Devi W/O Sitaram Sahni 2.

Lalti Devi W/O Binod Sahni 3.

Binod Sahni S/O Sitaram Sahani 4.

Krishna Kumar @ Krishna Sahani 5.

Sitaram Sahani S/O Late Vishwanath Sahani All are the Resident of Village Parsadi, P.S.-parsa, District-Saran. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Mrityunjay Kumar, Adv.

For the Opposite Party/s :

Mr. Arun Kumar Pandey, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE NAWNEET KUMAR PANDEY ORAL ORDER 09-03-2022 The learned counsel for the petitioners is directed to remove all the defects pointed out by the Stamp Reporter within one month.

Heard learned counsel for the petitioners as well as learned APP for the State.

The petitioners apprehend their arrest for the offences alleged under Sections 302/201 and 34 of the IPC. It is a case of dowry death. As per allegation, the marriage of the deceased, Manju Kumari was solemnized with co-accused Hareram. When the informant went to the matrimonial house of the deceased the house was locked and the matrimonial inmates were not present. It has been mentioned in the last portion of the FIR that

Patna High Court CR. MISC. No.22279 of 2021(5) dt.09-03-2022 2/2 accused persons including the present petitioner after committing murder of the deceased, concealed her dead body. Learned counsel for the petitioners has submitted that the husband Hareram was put on trial and he was acquitted by the learned trial court vide judgment and order dated 28.01.2022 in Sessions Trial No.423 of 2021. The copy of the judgment has been filed with supplementary affidavit, which shows that the witnesses have been turned hostile. The informant has also denied the fact that the deceased was being tortured at the hand of the petitioners.

Considering the above facts and circumstances, let the petitioners above named, in the event of their arrest or surrender within three weeks from the date of communication of this order 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 learned A.C.J.M.,IInd, Saran in connection with Parsa P.S. Case No.38 of 2020, subject to the conditions as laid down under Section 438(2) of the Cr.P.C.

Office shall ensure that all the defects are removed by the petitioners within the stipulated time as provided hereinabove, failing which the matter shall be brought to the notice of this Court. (Nawneet Kumar Pandey , J) Prakash Narayan /- U T