Rita Devi v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.12700 of 2020 Arising Out of PS. Case No.-312 Year-2019 Thana- BAIRIYA District- West Champaran ====================================================== 1.
Rita Devi, Wife of Ravi Chaudhary 2.
Ravi Chaudhary, Son of Ramchandra Chaudhary 3.
Sunita Devi, Wife of Birendra Chaudhary 4.
Rambha Devi, Wife of Om Prakash Chaudhary All are Residents of Village - Bagahi Bakuliya Tola, P.S. - Bairiya, District - West Champaran.
... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Abhishek Kumar, Advocate Mr.Umesh Chandra Verma, Advocate For the Opposite Party/s :
Mr.Abhay Kumar, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE SHIVAJI PANDEY ORAL ORDER 11-12-2020 Heard learned counsel for the petitioners and learned counsel for the State.
In this case, the petitioners are seeking anticipatory bail in connection with Bairiya P.S. Case No.312 of 2019, registered for the offence punishable under Sections 304B/34 of the Indian Penal Code.
The allegation against the accused persons including the petitioners is to have killed the victim-lady due to nonfulfillment of demand of dowry, however, counsel for the petitioners submits that the petitioner nos. 1, 3 and 4 are the married 'Nanad' of the deceased and the petitioner no.2 is
Patna High Court CR. MISC. No.12700 of 2020(3) dt.11-12-2020 2/2 husband of the petitioner no.1. They are living separately inasmuch as the husband of the deceased in in judicial custody. Looking to the entire facts and circumstances of the case, let the petitioners, above-named, be released on anticipatory bail in the event of their arrest or surrender before the learned Court below within a period of six weeks from today, on furnishing bail bonds of Rs.10,000/- (Rupees Ten Thousand Only) each with two sureties of the like amount each to the satisfaction of the Additional Chief Judicial Magistrate-1, Bettiah, West Champaran, in connection with Bairiya P.S. Case no.
312 of 2019, subject to the condition as laid down under Section 438(2) of the Code of Criminal Procedure with a further condition that whenever the police will call the petitioners for the purposes of investigation and interrogation, they will remain present for the investigation. In the event of being absent on two consecutive dates without reasonable explanation, the present order will be treated to have been cancelled. (Shivaji Pandey, J) V.K.