Ramsari Devi v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.12127 of 2022 Arising Out of PS. Case No.-165 Year-2020 Thana- MANER District- Patna ====================================================== 1.

Ramsari Devi aged about 55 years, (Female), Wife of Anil Singh Resident of Village- Ratan Tola, P.S.- Maner, District- Patna. 2.

Laljee Singh Son of Anil Singh Resident of Village- Ranan Tola, P.S.- Maner, P.S.- Maner, District- Patna.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Vijay Anand, Advocate For the Opposite Party/s :

Mr. Bal Mukund Prasad Sinha, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE CHANDRA SHEKHAR JHA ORAL ORDER 13-07-2022 Heard learned counsel appearing on behalf of the petitioners and learned counsel appearing on behalf of the State. Let the defect(s), if any, be removed within a period of four weeks from today.

The petitioners seek bail in connection with Maner P.S. Case No. 165 of 2020, registered for the offence under Sections 304(B) and 34 of the Indian Penal Code and Section 3⁄4 of the Dowry Prohibition Act.

The accused/petitioners are named in the F.I.R. and are in custody since 11.07.2021.

The allegation against the petitioners is to cause death of daughter of the informant, alongwith other co-accused, for

Patna High Court CR. MISC. No.12127 of 2022(2) dt.13-07-2022 2/3 non-fulfillment of demand of dowry.

Learned counsel appearing on behalf of the petitioners submitted that both the petitioners are in-laws and living separately from the deceased and her husband. It is submitted that both the petitioners are in no way connected with the daily affairs of the family of the deceased. While concluding the argument, it is submitted that petitioners are persons of clean antecedent and, moreover, investigation in this case is complete for which chargesheet has been submitted, as such, there is no chance of tampering with the evidence.

Learned APP appearing on behalf of the State, while opposing the prayer of bail, fairly conceded that both the petitioners are in-laws.

Considering the facts and circumstances as mentioned above, as both the petitioners are in-laws, living separately, having general and omnibus allegation, as regard to demand of dowry coupled with the fact that chargesheet has already been submitted, let the petitioners, above named, are directed to be released on bail in connection with Maner P.S. Case No. 165 of 2020 on furnishing bail bond of Rs.10,000/- (Rupees Ten Thousand) each with two sureties of the like amount each to the satisfaction of learned Judicial Magistrate- 1st Class,

Patna High Court CR. MISC. No.12127 of 2022(2) dt.13-07-2022 3/3 Danapur/concerned Court, subject to the following conditions: "(i) Accused/Petitioners shall cooperate in the trial and shall be physically present on each and every date before the Trial Court till conclusion of the trial and exemption from physical appearance be allowed by the Trial Court, only on medical ground of the petitioners, duly supported by the documents.

(ii) That one of the bailors shall be Sushil Rai, who is the Bhagna of the petitioner no.1 and deponent of the present bail petition."

(Chandra Shekhar Jha, J) Ankit/- Shweta/- U T