Sakunti Devi And ANR v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.11413 of 2017 Arising Out of PS.Case No. -474 Year- 2016 Thana -MASAURHI District- PATNA ======================================================

1. Sakunti Devi, Wife of Bhuar Rai

2. Bhuar Rai, S/o Late Lakhan Rai, Both Resident of Village-Jothuli, Police Station - Fatuha, District Patna.

.... .... Petitioners

Versus

1. The State of Bihar .... .... Opposite Partys ====================================================== Appearance :

For the Petitioners : Mr. Rajesh Shankar Sinha, Advocate For the Opposite Party : Mr. Anish Chandra (APP) ====================================================== CORAM: HONOURABLE MR. JUSTICE JITENDRA MOHAN SHARMA ORAL ORDER 11-04-2017 Heard learned counsel for the petitioners and learned counsel for the State.

The petitioners apprehend their arrest in connection with Masaurhi P.S. Case No. 474 of 2016, registered for the offence punishable under Section 304(B)/34 of the Indian Penal Code and Section 3/4 of the Dowry Prohibition Act. Allegedly, Khushbu Kumari the daughter of the informant was married to Raj Nandan Yadav about 2 1⁄2 years ago. The husband and other in-laws including the petitioners used to demand dowry and for that she was being tortured, resulting, the daughter of the informant has filed case, the accused persons snatched 1 1⁄2 years child from the daughter of the informant and after killing her threw the dead body at Ramachak Badhar.

Patna High Court Cr.Misc. No.11413 of 2017 (3) dt.11-04-2017 2/2 Submission is of false implication and that the petitioners are nanad and nandoshi of the deceased, they are living at Jothuli, P.S. Fatuha, District Patna, they have no concern with the family affairs of the deceased and her husband. They have been made accused only due to reason that they are relatives and, as such, the petitioners deserve sympathetic consideration. The learned A.P.P. opposes the prayer of pre-arrest bail by submitting that the witnesses have supported the prosecution version.

In the facts and circumstances as stated above, considering the submission of the petitioner that they are living at another village i.e Jothuli, P.S. Fatuha, District- Patna and, as such, the petitioners in the event of their arrest or surrender within four weeks from the date of receipt/production of a copy of this order shall be released on bail on furnishing bail bonds of Rs. 10,000/- (Ten thousand) each with two sureties of the like amount each to the satisfaction of learned S.D.J.M., Masaurhi, in connection with Masaurhi P.S. Case No. 474 of 2016, subject to the conditions as laid down in section 438(2) of the Cr.P.C. (Jitendra Mohan Sharma, J.) Rajiv/- U T