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Patna High CourtCR. MISC./14741/2019bail granted

Bhagwati Devi And ORS v. The State Of Bihar

2019-05-01Mr. Justice Vinod Kumar Sinha2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.14741 of 2019 Arising Out of PS. Case No.-544 Year-2018 Thana- BAGHA District- West Champaran ====================================================== 1.

BHAGWATI DEVI, Wife of Late Nathuni Prasad Resident of Village - Pathkhauli, P.S.- Bagaha (Pathkhauli), District - West Champaran 2.

Jitendra Kumar Jaiswal @ Jitendra Kumar, Son of Late Nathuni Prasad Resident of Village - Pathkhauli, P.S.- Bagaha (Pathkhauli), District - West Champaran 3.

Gudiya Devi, Wife of Jitendra Kumar Jaiswal @ Jitendra Kumar Resident of Village - Pathkhauli, P.S.- Bagaha (Pathkhauli), District - West Champaran ... ... Petitioners

Versus

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

For the Petitioner/s :

Mr.Randhir Kumar No.1 For the Opposite Party/s :

Mr.Shailendra Kumar ====================================================== CORAM: HONOURABLE MR. JUSTICE VINOD KUMAR SINHA ORAL ORDER 01-05-2019 Petitioners seek bail in anticipation of their arrest in connection with Bagaha (Pathkhauli) P.S. Case No. 544 of 2018, registered for the offences punishable under Sections 304B/34 of the Indian Penal Code.

Allegation against the petitioners, who happen to be in-laws of the deceased, is of causing dowry death. It further appears from the FIR that earlier a complaint case was lodged and after executing bond they have taken the deceased on the assurance that they will not harass her and thereafter it is alleged that they have killed the deceased.

Submission of learned counsel for the petitioners is

Patna High Court CR. MISC. No.14741 of 2019(3) dt.01-05-2019 2/2 that the post mortem report does not show any injury on the person of the deceased and no specific allegation has been attributed against them.

Heard learned APP also.

Having heard both sides and in the facts and circumstances, let petitioners, above named, in the event of arrest or surrender within a period of six weeks from the receipt of this order, be released on bail on furnishing bail bonds of Rs.25,000/- (Rupees twenty five thousand) each with two sureties of the like amount each to the satisfaction of Additional Chief Judicial Magistrate-I, Bagaha, West Champaran, in connection with Bagaha (Pathkhauli) P.S.Case No. 544 of 2018, subject to the conditions as laid down under Section 438(2) of the Code of Criminal Procedure and further condition that one of the bailors of the petitioners shall be a local person having sufficient immoveable properties within the jurisdiction of the court concerned.

(Vinod Kumar Sinha, J) spal/- U T