Din Dayal Saw And ANR. v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.17649 of 2019 Arising Out of PS. Case No.-328 Year-2018 Thana- PALIGANJ District- Patna ====================================================== 1.

Din Dayal Saw, S/o Lakshman Saw, Resident of Village-Khapura, P.S.- Paliganj, District-Patna.

2.

Mala Devi W/o Dindyal Saw, Resident of Village-Khapura, P.S.-Paliganj, District-Patna.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Sheo Nandan Pandit For the Opposite Party/s :

Mr.Abhay Kumar Roy ====================================================== CORAM: HONOURABLE MR. JUSTICE PRAKASH CHANDRA JAISWAL ORAL ORDER 19-06-2019 Heard learned counsel for the petitioners and the learned A.P.P. for the State.

The petitioners apprehend their arrest in a case registered under Sections 328, 304(B) and 302/34 of the Indian Penal Code.

Petitioner no.1 Din Dayal Saw who happens to be brother-in-law (Nandosi) and petitioner no.2 Mala Devi sisterin-law (Nanad) of the deceased are said to have committed dowry death of the deceased by administering poison to her along with other accused persons.

It is submitted by learned counsel for the petitioners that the petitioners have no concern with the

Patna High Court CR. MISC. No.17649 of 2019(4) dt.19-06-2019 2/2 aforesaid occurrence. They neither made any dowry demand nor ever tormented the deceased nor administered poison to her. Petitioner no.2 is the married sister-in-law while petitioner no.1 nandoshi of the deceased and both the petitioners are living separately from the deceased and her husband and they have no concern with their affairs. The allegation levelled against the petitioners is not specific rather general and omnibus in nature. Similarly situated co-accused namely Anil Sao and Laxmi Devi have been enlarged on anticipatory bail by a co-ordinate Bench of this Court vide order dated 10.01.2019 passed in Cr. Misc. No. 78631 of 2018.

Having regard to the facts and circumstances of the case, let the above named petitioners, be released on 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 bond of Rs. 10,000/- (Ten thousand) each with two sureties of the like amount each to the satisfaction of the learned S.D.J.M., Danapur in connection with Paliganj P.S. Case No. 328 of 2018, subject to the condition as laid down under Section 438 (2) of the Cr.P.C.

mantreshwar/- (Prakash Chandra Jaiswal, J) U T