Devanti Devi And ORS v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.49463 of 2015 Arising Out of PS.Case No. -1026 Year- 2013 Thana -SASARAM MUFFSIL District- SASARAM (ROHTAS) ======================================================

1. Devanti Devi wife of Ramashish Singh

2. Shobha devi Wife of Harendra Singh

3. Harendra Singh son of Ramashish Singh All resident of VillageSikkariya Police station Darigaon, district Rohtas at Sasaram. .... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Narendra Kumar, Adv. For the Opposite Party/s : Mr. Madan Kumar(App) ====================================================== CORAM: HONOURABLE JUSTICE SMT. ANJANA MISHRA ORAL ORDER 21-01-2016 Heard learned counsel for the petitioner and learned counsel for the State.

The petitioners' mother-in-law, father-in-law and others relative of the deceased lady are apprehending their arrest in connection with Sasaram (Darigaon) P.S. Case No. 1026/2013, registered for the offences punishable under Section 304-B and 34 of the Indian Penal Code.

Learned counsel for the petitioners submits that though there was an allegation against these petitioners of having raised demand of dowry, non-payment of which led to the death of the daughter of the informant, it has come on record that the husband of the deceased lady had been declared juvenile and has been

Patna High Court Cr.Misc. No.49463 of 2015 (3) dt.21-01-2016 2/2 acquitted for want of evidence.

It is further submitted by learned counsel for the petitioners that so far as these petitioners are concerned they were not charge-sheeted for want of evidence, but thereafter the C.J.M. has taken cognizance of the offence without assigning any reason against them.

Considering the nature of allegation made and that the petitioners were not charge-sheeted and also because husband of the deceased was declared juvenile, has now been acquitted for want of evidence, let the petitioners above-named, in the event of their arrest or surrender before the court below within a period of four weeks from the date of receipt/production of a copy of this order, are directed to be enlarged on bail on furnishing bail bond of Rs. 10,000/- (Ten thousand) each with two sureties of the like amount each to the satisfaction of the learned Chief Judicial Magistrate, Rohtas at Sasaram in connection with Sasaram (Darigaon) P.S. Case No. 1026/2013, subject to the conditions as laid down under Section 438(2) of the Cr. P.C. (Anjana Mishra, J.) Vinita/- U T