Saroj Mukhiya v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.28477 of 2021 Arising Out of PS. Case No.-53 Year-2020 Thana- BABUBARHI District- Madhubani ====================================================== 1.

SAROJ MUKHIYA SON OF RAM BILASH MUKHIYA Resident of Village - Murhadddi Barki Tole, P.s.- Babubarhi, Distt.- Madhubani. 2.

Sukho Devi W/o Ram Bilash Mukhiya Resident of Village - Murhadddi Barki Tole, P.s.- Babubarhi, Distt.- Madhubani. 3.

Dhano Devi W/o Bharat Mukhiya Resident of Village - Pipraun, P.S.- Lokahi, Distt.- Madhubani.

4.

Bharat Mukhiya Son of Dukhi Mukhiya Resident of Village - Pipraun, P.S.- Lokahi, Distt.- Madhubani.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Ravi Prakash For the Opposite Party/s :

Mr. Uma Shankar Prasad Singh, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE SUDHIR SINGH ORAL ORDER 06-07-2021 Heard learned counsel for the petitioners and the State through virtual mode.

Learned counsel for the petitioners is directed to remove the defect(s), as pointed out by the office, within a period of four weeks after restoration of normalcy. The petitioners are apprehending their arrest in a case registered under Sections 304B, 201/34 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

Patna High Court CR. MISC. No.28477 of 2021(2) dt.06-07-2021 2/3 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 petitioner Nos. 1 & 4 are brothers-in-law whereas petitioner Nos. 2 & 3 are mother-in-law and sister-inlaw of the deceased respectively. The husband of the petitioner is in custody, They are separate in mess and property from husband of the deceased. They have got no concern with 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 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 twelve weeks from today, be released on anticipatory bail on their personal bond to the satisfaction of learned Additional Chief Judicial Magistrate-IIIrd, Madhubani in connection with Babubarhi P.S. Case No. 53 of 2020 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

Patna High Court CR. MISC. No.28477 of 2021(2) dt.06-07-2021 3/3 furnish bail bonds of Rs. 10,000/- (Rupees ten thousand) with two sureties of the like amount each within a period of eight weeks to the satisfaction of the court concerned in connection with the aforesaid case.

(Sudhir Singh, J) A.K.V.//- U T