Shanti Devi And ANR v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Miscellaneous No.38205 of 2018 Arising Out of PS. Case No.-163 Year-2017 Thana- SONBERSA District- Saharsa ======================================================
1. Shanti Devi, Wife of Ramjee Poddar,
2. Sunita Devi, Wife of Bipul Poddar, Both resident of VillageParariya, P.S.- Sonbarsa Raj (Kash Nagar O.P.), DistrictSaharsa. ... ... Petitioner/s
Versus
The State of Bihar.
... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Sameer Ranjan For the Opposite Party/s :
Mr. Smt. Gulnar Begam ====================================================== CORAM: HONOURABLE MR. JUSTICE SANJAY PRIYA ORAL ORDER 03-07-2018 Heard learned counsel for the petitioners ,learned APP for the State and learned counsel for the informant. Petitioners apprehend their arrest in Sonbarsa Raj P.S. case no. 163 of 2017 instituted for the offence under Section(s) 302, 304B and 201/34 of the Indian Penal Code. Petitioners are the mother-in-law and sister-in-law of the deceased. In the written report, it is alleged that due to non fulfillment of the demand of dowry the sister of the informant was tortured in her sasural and in the night of 27.10.2017 she has been killed by hanging and her dead body has been disposed of by burning.
Learned counsel for the informant has appeared and
Patna High Court Cr.Misc. No.38205 of 2018(2) dt.03-07-2018 2/3 submitted that regular bail of one of the co- accused, namely Ramjee Poddar has been rejected by coordinate bench of this Court vide order dated 4.5.2018 passed in Cr. Misc. no. 20306 of 2018.
From the written report, this Court finds that there is no allegation of specific overt act against these petitioners. Both the petitioners are lady.
In the facts and circumstances of the case, prayer of the petitioners for grant of anticipatory bail is allowed. In the event of surrender/arrest of the petitioners, named above, within six weeks from today in connection with Sonbarsa Raj P.S. case no. 163 of 2017, they shall 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 the learned CJM, Saharsa, subject to the conditions as laid down under Section 438(2) Cr. P.C. with further conditions:(1) bailors should be local having sufficient immovable property within the jurisdiction of the court concerned, (2) petitioners shall cooperate in the trial and shall be present on each and every date fixed by the court and absence on two consecutive dates without proper and reasonable reason will automatically cancel bail bond of the petitioners and (3) if petitioners tamper with the
Patna High Court Cr.Misc. No.38205 of 2018(2) dt.03-07-2018 3/3 evidence or the witnesses of the case, in that case, prosecution will be at liberty to move for cancellation of bail of the petitioners.
(Sanjay Priya, J) shyambihari/- U T