Manisha Kumari v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.50559 of 2018 Arising Out of PS. Case No.-36 Year-2018 Thana- RIGA District- Sitamarhi ====================================================== 1.

Chandrika Patel and Anr S/o Late Gorakh Patel, 2.

Kiran Devi, W/o Chandrika Patel, Both are resident of Village- Bhabdebpur, P.S.- Riga, District- Sitamarhi.

... ... Petitioner/s

Versus

The State Of Bihar ... ... Opposite Party/s ====================================================== with CRIMINAL MISCELLANEOUS No. 19509 of 2019 Arising Out of PS. Case No.-36 Year-2018 Thana- RIGA District- Sitamarhi ====================================================== 1.

MANISHA KUMARI D/o Chandrika Patel Resident of Village - Bhawadepur, P.S.- Riga, Distt - Sitamarhi.

2.

Monu Patel Son of Chandarika Patel Resident of Village - Bhawadepur, P.S.- Riga, Distt - Sitamarhi.

... ... Petitioner/s

Versus

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

(In CRIMINAL MISCELLANEOUS No. 50559 of 2018) For the Petitioner/s :

Mr.Dhananjaya Nath Tiwari For the Opposite Party/s :

Mr.Sri Umesh Lal Verma (In CRIMINAL MISCELLANEOUS No. 19509 of 2019) For the Petitioner/s :

Mr.Birendra Kumar For the Opposite Party/s :

Mr.Madhuri Lata ====================================================== CORAM: HONOURABLE MR. JUSTICE VINOD KUMAR SINHA ORAL ORDER 05-07-2019 As both the above mentioned cases arise out of same police station case number, they are taken up together for disposal.

Petitioners in both the above mentioned cases,

Patna High Court CR. MISC. No.50559 of 2018(7) dt.05-07-2019 2/3 apprehends their arrest in connection with out of Riga P.S. Case No. 36/18, disclosing offences under Sections 304(B)/34 of the Indian Penal Code.

Petitioners in Cr. Misc. No. 50559 of 2018 are father and mother in law of the deceased and petitioners in Cr. Misc. No. 19509 of 2019 Nanad (sister in law) and devar (brother in law) of the deceased and allegation against them is of causing death of the deceased in connection with demand of dowry. Submission of learned counsel for the petitioners is that they are in laws of the deceased and no specific allegation has been attributed to them and in fact the deceased had committed suicide as she was not having any issue. Moreover the husband of the deceased in custody.

Heard learned A.P.P. as well as learned counsel for the informant. They have opposed the prayer for bail. Learned counsel for the informant has submitted that the marriage of the deceased was solemnized with the son of petitioner no. 1 only nine months ago and, thereafter, they started demanding dowry and torturing her and ultimately, she was done to death and the death is homicidal.

Having heard both sides, considering the facts and circumstances of this case, these applications are allowed. Let

Patna High Court CR. MISC. No.50559 of 2018(7) dt.05-07-2019 3/3 the petitioners in Cr. Misc. No. 50559 of 2018, in the event of their arrest or surrender before the court below within six weeks, be released on bail on furnishing bail bond of Rs. 25,000/- (Rupees Twenty five Thousand) each with two sureties of the like amount each to the satisfaction of learned Special Judge Excise, Gaya in connection with Riga P.S. Case No. 36/18, subject to the condition laid down under Section 438 (2) of the Code of Criminal Procedure.

So far petitioners in Cr. Misc. No. 19509 of 2019 is concerned, the provisional bail earlier granted to them vide order dated 01.04.2019 is confirmed.

It is made clear that petitioners shall cooperate in the investigation and appear before the investigating officer as and when required, otherwise, the prosecution will be at liberty to move for cancellation of their bail bonds.

(Vinod Kumar Sinha, J) sunilkumar/- U T