Shanti Devi @ Kanti Devi v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.18069 of 2020 Arising Out of PS. Case No.-79 Year-2017 Thana- SIWAIPATTI District- Muzaffarpur ====================================================== 1.

SHANTI DEVI @ KANTI DEVI Wife of Late Jang Bahadur Prasad Resident of Village - Paigambarpur, P.S.- Siwaipatti, District - Muzaffarpur. 2.

Nikli Devi Wife of Kishori Prasad Resident of Village - Paigambarpur, P.S.- Siwaipatti, District - Muzaffarpur.

3.

Amarjeet Prasad Son of Kishori Prasad Resident of Village - Paigambarpur, P.S.- Siwaipatti, District - Muzaffarpur.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mrs.Bela Singh For the Opposite Party/s :

Mr.Anil Kumar, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE SUDHIR SINGH ORAL ORDER 17-07-2020 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 petitioner and learned APP for the State.

The petitioners are apprehending their arrest in a case registered under Sections 302/34 of the Indian Penal Code. Allegation against the accused persons is of committing torture and assault and thereafter caused death of the victim due to non-fulfilment of demand of dowry for

Patna High Court CR. MISC. No.18069 of 2020(2) dt.17-07-2020 2/3 grabbing her property.

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 happen to be agnates of the husband of the deceased. The petitioner nos. 1 and 2 are ladies. They are separate in mess and property from the husband of the deceased. They have got no concern with the alleged occurrence. There is no eye witness to the alleged occurrence.

On behalf of the State, it is submitted that the petitioners are named in the Complaint Case/F.I.R. Considering the 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 eight weeks from today, be released on anticipatory bail on their personal bonds to the satisfaction of Sri Pramod Kumar Mahtha, J.M. 1st Class, Muzaffarpur in connection with Siwaipatti P.S. Case No. 79/17, G.R. No. 3066/2017, subject to the conditions as laid down under Section 438(2) of the Cr.P.C. 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

Patna High Court CR. MISC. No.18069 of 2020(2) dt.17-07-2020 3/3 weeks to the satisfaction of the Court concerned in connection with the aforesaid case.

(Sudhir Singh, J) Pankaj/- U T