Pavitri Devi @ Pavitar Devi And ORS. v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Miscellaneous No.9749 of 2015 Arising Out of PS.Case No. -232 Year- 2013 Thana -PIPRA DistrictEASTCHAMPARAN(MOTIHARI) ======================================================
1. Pavitri Devi @ Pavitar Devi Wife of Lalbabu Sah
2. Lalbabu Sah Son of Late Chandradeo Sah
3. Nawlesh Sah @ Nolesh Sah Son of Lalbabu Sah
4. Niraj Devi Daughter of Lalbabu Sah Wife of Harikisore Sah .... .... Petitioner/s
Versus
1. The State of Bihar .... .... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s : Mr. Vijay Shankar Shrivastava For the Opposite Party/s : Mr. Murlidhar (App) ====================================================== CORAM: HONOURABLE MR. JUSTICE DINESH KUMAR SINGH ORAL ORDER 22-04-2015 Heard learned counsels for the petitioner and the State. The petitioners being the parents, brother and married sister of the husband of the victim are apprehending arrest in a case registered for the offences punishable under Sections 498A, 304B and 201/34 of the Indian Penal Code.
The accusations are of torture, killing the daughter of the informant by hanging and disposing of the dead body. It is submitted by learned counsel for the petitioners that as per own admission of the informant in the written report that the marriage was performed ten years prior to the occurrence, the case does not come within the purview of Section 304B of the IPC. The accusation is omnibus and general and the informant has
Patna High Court Cr.Misc. No.9749 of 2015 (2) dt.22-04-2015 2/2 subsequently retracted from his initial version of the accusation and filed a petition to that effect before the learned court below. Considering the aforesaid facts, let the above named petitioners be released on anticipatory bail, in the event of arrest or surrender before the learned Court below within a period of 12 weeks from today, on furnishing bail bond of `10,000/- (ten thousand) each with two sureties of the like amount each to the satisfaction of the learned C.J.M., Motihari in connection with Pipra P.S. Case No. 232 of 2013, subject to the conditions as laid down under Section 438(2) Cr.P.C.
(Dinesh Kumar Singh, J) Amrendra/- U T