Niru Devi @ Nirmala Devi And ORS v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Miscellaneous No.192 of 2015 Arising Out of PS.Case No. -141 Year- 2014 Thana -BATHNAHA District- SITAMARHI ======================================================
1. Niru Devi @ Nirmala Devi wife of Shri Bachcha Pathak.
2. Bachcha Pathak son of Late Maharudra Pathak Both R/o Bathnaha, P.S.- Bathnaha, District- Sitamarhi.
3. Hena Devi daughter of Shri Bachcha Pathak wife of Shri Ranjit Jha R/o Village- Bhairokoti, P.S. AND District- Sitamarhi. .... .... Petitioners
Versus
The State of Bihar .... .... Opposite Party ====================================================== Appearance :
For the Petitioners : Mr. Ashok Kumar Jha, Advocate. For the Opposite Party : Mr. Rina Sinha (App) ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR JHA ORAL ORDER 09-04-2015 Heard both sides.
Petitioners apprehend their arrest in a case under Section 304(B) and other Sections of the I.P.C. The father of the deceased alleged that his daughter was married to Navin Pathak, the son of petitioner nos. 1 and 2 and brother of petitioner no. 3. The informant alleged that his daughter was poisoned to death on 13.05.2014.
It is submitted that the marriage was solemnized three years before the death of the deceased. No specific allegation of demand of dowry and torture is made against the petitioners. During the course of investigation, it has come that the deceased
Patna High Court Cr.Misc. No.192 of 2015 (3) dt.09-04-2015 2 / 2 herself committed suicide as her husband did not agree to take her to his service place.
On the other hand, learned Additional P.P. opposed the prayer for anticipatory bail.
Considering the facts aforesaid and nature of allegations made against the petitioners and the fact that the petitioners are the father-in-law, mother-in-law and sister-in-law of the deceased, the petitioners above named, are directed to be released on bail, in the event of their arrest or surrender before the learned Court below within four weeks from the date of receipt/production of a copy of the order on furnishing bail bond of Rs. 10,000/-(Ten Thousand) each with two sureties of the like amount each to the satisfaction of learned C.J.M., Sitamarhi, in connection with Bathnaha P.S. Case No. 141 of 2014, subject to the conditions as laid down under Section 438(2) Cr. P.C.
U.K./- (Prabhat Kumar Jha, J) U T