Anita Devi v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.18334 of 2020 Arising Out of PS. Case No.-166 Year-2019 Thana- SAHPUR District- Patna ====================================================== 1.

ANITA DEVI W/o- Late Jimdar Ram @ Late Prahalad Ram and D/o- Babu Ram R/o- Village- Ganghara, P.S.- Shahpur, District- Patna. 2.

Sunita Devi W/o- Late Mukesh Ram and D/o- Babu Ram R/o- VillageGanghara, P.S.- Shahpur, District- Patna. 3.

Babu Ram Son of Late Ram Das R/o Village- Turha Toli, P.S.- Shahpur, District- Patna.

4.

Dhiraj Kumar @ Dhiraj Son of Babu Ram R/o Village- Turha Toli, P.S.- Shahpur, District- Patna.

5.

Niraj Kumar @ Niraj Son of Babu Ram R/o Village- Turha Toli, P.S.- Shahpur, District- Patna.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Ghanshyam Tiwary For the Opposite Party/s :

Mr.Ansar Ul Haque, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE SUDHIR SINGH ORAL ORDER 19-08-2020 Due to COVID-19 Pandemic, the matter is being taken up by way of Virtual Court proceeding.

The matter has been listed under the heading 'For Orders' under the orders of Hon'ble the Chief Justice. Heard learned counsel for the petitioners and learned APP for the State.

A supplementary affidavit has been filed on behalf of the petitioners stating that the petitioner nos. 1, 4 and 5 have criminal antecedents. The same be kept on record.

Patna High Court CR. MISC. No.18334 of 2020(2) dt.19-08-2020 2/3 The petitioners are apprehending their arrest in a case registered under Sections 304(B), 120(B), 341, 323 and 504 of the Indian Penal Code.

Allegation against the accused persons is of committing torture and assault and thereafter caused death of the victim due to non-fulfilment of demand of dowry. It has been submitted on behalf of the petitioners that the petitioner nos. 2 and 3 have got no criminal antecedent. There is no allegation of tampering of witnesses alleged against the petitioners. The petitioner nos. 1 and 2 are widow sisters-inlaw, petitioner no. 3 is father-in-law and petitioner nos. 4 and 5 are brothers-in-law, of the deceased. They are separate in mess and property from the husband of the deceased. They have got no concern with the alleged occurrence. The husband of the deceased is in custody. It is further submitted that the petitioners undertake to co-operate during the trial. On behalf of the State, it is submitted that the petitioners are named in the F.I.R.

Considering the facts and circumstances of the case and also the lockdown, the petitioners above named, in the event of arrest or surrender before the learned Court below within a period of eight weeks from today, be released on

Patna High Court CR. MISC. No.18334 of 2020(2) dt.19-08-2020 3/3 anticipatory bail on their personal bonds to the satisfaction of learned A.C.J.M. -I, Danapur, Patna in connection with Shahpur P.S. Case No. 166/2019, subject to the conditions as laid down under Section 438(2) of the Cr.P.C.

Once the normalcy is restored, the petitioners shall furnish bail bonds of Rs. 10,000/- (Rupees ten thousand) each with two sureties of the like amount each within a period of seven weeks to the satisfaction of the Court concerned in connection with the aforesaid case.

(Sudhir Singh, J) Pankaj/- U T