Kalawati Devi v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.16341 of 2022 Arising Out of PS. Case No.-221 Year-2020 Thana- THARTHARI District- Nalanda ====================================================== 1.

KALAWATI DEVI W/o Narsingh Bind Resident of Village - Kenuapar, P.s.- Tharthari, Distt.- Nalanda.

2.

Narsingh Bind Son of Kishore Bind Resident of Village - Kenuapar, P.s.- Tharthari, Distt.- Nalanda.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Rajeev Kumar, Advocate For the Opposite Party/s :

Mr. Chandra Sen Prasad Singh, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE SUDHIR SINGH ORAL ORDER 08-04-2022 Heard learned counsel for the petitioners and the State through virtual mode.

Learned counsel for the petitioners is directed to remove the defect(s), as pointed out by the office, within a period of eight weeks.

The petitioners are apprehending their arrest in Tharthari P.S. Case No. 221 of 2020 registered under Sections 328, 304B/34 of the Indian Penal Code.

Allegation against the accused persons including the petitioners is of committing torture and causing death of the victim due to nonfulfillment of demand of dowry. It has been submitted on behalf of the petitioners that the petitioners have got no criminal antecedent. There is no allegation of

Patna High Court CR. MISC. No.16341 of 2022(2) dt.08-04-2022 2/2 tampering of witnesses alleged against the petitioners. The petitioners have been falsely implicated in the present case. The petitioner Nos. 1 & 2 are Gotani and brother-in-law of the deceased respectively. They are separate in mess and property from husband of the deceased. They have got no concern with the alleged occurrence. The husband of the deceased is in custody.

On behalf of the State, it is submitted that the petitioners are named in the Complaint Case/F.I.R.

Considering the aforesaid facts and circumstances of the case, the petitioners, above named, in the event of arrest or surrender before the learned court below within a period of twelve weeks from today, be released on anticipatory bail on furnishing bail bond of Rs. 10,000/- (ten thousand) each with two sureties of the like amount each to the satisfaction of learned Additional Chief Judicial Magistrate, Hilsa, Nalanda in connection with Tharthari P.S. Case No. 221 of 2020 subject to the conditions as laid down under Section 438(2) of the Code of Criminal Procedure.

(Sudhir Singh, J) A.K.V.//- U T