Mostt. Kamlawati Devi @ Kamal Devi v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.17996 of 2019 Arising Out of PS. Case No.-25 Year-2016 Thana- MADHAURAH District- Saran ====================================================== 1.

Mostt. Kamlawati Devi @ Kamal Devi, aged about 60 years, (Female), W/o Late Haresh Sah @ Ram Haresh Sah, Resident of Semal Sarai Bahuyara, P.S.-Marhowrah, District-Saran.

2.

Babita Devi @ Babita Sah, aged about 35 years (Female), W/o Rajesh Sah, Resident of Semal Sarai Bahuyara, P.S.-Marhowrah, District-Saran. 3.

Rajesh Sah @ Rajesh Kumar Sah, aged about 37 years (Male), S/o Late Haresh Sah @ Ram Haresh Sah Resident of Semal Sarai Bahuyara, P.S.- Marhowrah, District-Saran.

... ... Petitioners

Versus

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

For the Petitioners :

Mr.Anuj Kumar Shrivastava, Advocate.

For the Opposite Party :

Mr.Anita Kumari Singh, A.P.P.

====================================================== CORAM: HONOURABLE MR. JUSTICE SUDHIR SINGH ORAL ORDER 02-04-2019 Heard learned counsel for the petitioners and learned A.P.P. for the State.

The petitioners are apprehending their arrest in a case for the offence registered under Sections 323, 498(A), 304(B), 120, 201 of the IPC and 3⁄4 of the D. P. Act. The prosecution story, in brief, is that the accused persons including the petitioners killed the victim due to nonfulfilment of demand of dowry. It has been submitted by learned counsel for the petitioners that the petitioners have got no criminal antecedent. There is no allegation of tampering with the witnesses alleged

Patna High Court CR. MISC. No.17996 of 2019(2) dt.02-04-2019 2/2 against the petitioners. The petitioners have been made accused in the present case due to mistake of fact. The petitioner no. 1 is the mother-in-law, petitioner no. 2 is the Gotani and petitioner no. 3 is the Bhaisur of the deceased. They are separate in mess and property from the husband of the deceased. The petitioners have got no concern with the alleged occurrence. On behalf of the learned counsel for the State, it has been submitted that the petitioners are named in the F.I.R/ complaint case.

Considering the aforesaid facts and circumstances, let 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 furnishing bail bonds of Rs.10,000/- (Ten Thousand) each with two sureties of the like amount each to the satisfaction of the learned IInd A.C.J.M. Saran at Chapra, in connection with Marhowrah P.S. Case No. 25/2016, subject to the conditions as laid down under Section 438(2) of the Code of Criminal Procedure. (Sudhir Singh, J) U.K./- U T