Lalita Devi And ANR v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.2178 of 2015 Arising Out of PS.Case No. -59 Year- 2012 Thana -MADHUBAN DistrictEASTCHAMPARAN(MOTIHARI) ======================================================

1. Lalita Devi Widow of Late Chetan Sah

2. Umesh Sah Son of Late Chetan Sah Both are residents of village-Arazi Nankar within Talimpur.P.O+P.S-Madhuban,Distt.-East Champaran and at Present residing at Baradari,P.S-Jamuna Nagar,Distt.-Jamuna Nagar,StateU.P. .... .... Petitioner/s

Versus

1. The State of Bihar .... .... Opposite Party/s ====================================================== CORAM: HONOURABLE MR. JUSTICE HEMANT KUMAR SRIVASTAVA ORAL ORDER 22-06-2015 Heard learned counsel for the petitioners and learned Additional Public Prosecutor for the State. Petitioners apprehend their arrest in connection with Madhuban P.S. Case No. 59 of 2012 registered for the offence under Sections-304(B)/34 of the Indian Penal Code and u/S 3/4 of Dowry Prohibition Act.

The petitioner No. 1 happens to be mother-in-law whereas; the petitioner No. 2 happens to be elder brother-in-law of the deceased.

No doubt, the deceased died due to burn injuries within two years of her marriage and there is allegation of demand of dowry as well as torturing but no specific allegation of torturing as well as demand of dowry has been levelled against these

Patna High Court Cr.Misc. No.2178 of 2015 (4) dt.22-06-2015 2/2 petitioners.

The contention on behalf of the petitioners is that the deceased died accidentally, while she was cooking meal and just after the aforesaid accident, the information was given to the informant, who came at the house of the petitioners and thereafter, the deceased was immediately, taken to hospital for treatment but unfortunately, she could not be saved.

Considering the facts and circumstances of the case as well as submission of the parties and keeping in mind the relation of the petitioners with the deceased, let the petitioners named above, in the event of their arrest or surrender within four weeks from the date of receipt/production of copy of the order in the court below, be released on bail on furnishing bail bond of Rs. 10,000/- (ten thousand) each with two sureties of the like amount each in connection with Madhuban P.S. Case No. 59 of 2012 corresponding to G. R. No. 425 of 2012 to the satisfaction of Learned Sub Divisional Judicial Magistrate, Sikrahana at Motihari, East Champaran subject to conditions as laid down u/S 438(2) of the Code of Criminal Procedure.

(Hemant Kumar Srivastava, J) A.K.V./- U T