Bedami Devi And ORS v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.28168 of 2015 Arising Out of PS.Case No. -19 Year- 2015 Thana -KATRAHA District- VAISHALI(HAJIPUR) ======================================================

1. Bedami Devi W/o Ram Chandra Rai

2. Ram Chandra Rai son of Manak Rai

3. Pintu Kumar Son of Ram Chandra Rai All are Resident of Village/Mohalla- Chandwara, P.O+ P.s Kartahan, District Vaishali. .... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Ajay Kumar Thakur, Sr. Advocate Mr. Krishna Chandra For the Opposite Party/s : Mr. Umesh Lal Veram(App) ====================================================== CORAM: HONOURABLE JUSTICE SMT. ANJANA MISHRA ORAL ORDER 08-01-2016 Heard learned counsel for the petitioner and learned Additional Public Prosecutor for the State.

Petitioners being the mother-in-law, father-in-law and brother in law of the deceased lady apprehend their arrest in connection with a case registered for the offences punishable under Sections 304(B) and 201/34 of the Indian Penal Code. Learned counsel for the petitioner submits that general and omnibus allegations have been levelled against all the family members including the husband of the deceased lady. Learned counsel for the State submits that in the case diary save and except malicious allegation, there is no further material on record to implicate these petitioners. Learned counsel submits that in the case diary, it has come that there was a demand

Patna High Court Cr.Misc. No.28168 of 2015 (4) dt.08-01-2016 P2/2 for motorcycle.

However, considering the fact that there is no specific allegation of torture by the mother-in-law, father-in-law and brother-in-law and the husband being solely responsible for the welfare of his wife, let the petitioners No. 1, 2, and 3 be released in the event of their arrest / surrender within a period of four weeks from the date of receipt/production of a copy of this order, be enlarged on bail on furnishing bail bonds of Rs. 10,000/- (ten thousand) with two sureties of the each amount to the satisfaction of the learned Judicial Magistrate, 1st Class, Vaishali at Hajipur in connection with Kartahan P.S. Case No. 19 of 2015 subject to the conditions as laid down under Section 438(2) of the Cr. P.C. However, it is made clear that the husband in question should surrender before the Court below on or before the time the bail bonds of these petitioners are filled.

(Anjana Mishra, J) Saif/- U T