Chandra Kala Devi v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.13892 of 2020 Arising Out of PS. Case No.-64 Year-2019 Thana- BANGARA District- Samastipur ====================================================== 1.

CHANDRA KALA DEVI Wife of Late Ramanand Prasad Resident of Village-Raghopur Pansalwa, P.S.-Minapur, District-Muzaffarpur. 2.

Moti Devi Daughter of Late Rama Nand Prasad, Wife of Navin Singh Resident of Village-Raghopur Pansalwa, P.S.-Minapur, District-Muzaffarpur. ... ... Petitioner/s

Versus

THE STATE OF BIHAR ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Abhay Shankar Singh For the Opposite Party/s :

Mr.Anand Kishore Choudhary ====================================================== CORAM: HONOURABLE MR. JUSTICE SUDHIR SINGH ORAL ORDER 29-06-2020 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.

The petitioners are apprehending their arrest in a case registered under Sections 304, 364 of the Indian Penal Code. Allegation against the petitioners is of committing torture and caused death of the victim due to non-fulfillment 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 tampering of witnesses alleged against the petitioners. The petitioners are father-in-law and sister-in-law of the deceased. They are separate

Patna High Court CR. MISC. No.13892 of 2020(2) dt.29-06-2020 2/2 in mess and property from husband of the deceased. Subsequently, vide Annexure-2 to this application, the informant has filed a petition in the court below wherein he retracted from his earlier statement made in the FIR.

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 and also the lockdown, the petitioners, above named, in the event of arrest or surrender before the learned court below within a period of six weeks from today, be released on anticipatory bail on their personal bond to the satisfaction of learned Sub Divisional Judicial Magistrate, Samastipur in connection with Bangra P.S. Case No. 64 of 2019 subject to the conditions as laid down under Section 438(2) of the Code of Criminal Procedure.

Once the normalcy is restored, the petitioners shall furnish bail bonds of Rs. 10,000/- (Rupees ten thousand) 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) A.K.V.//- U T