← Library
Patna High CourtCR. MISC./13539/2018bail granted

Gangajali Devi And ANR v. The State Of Bihar

2018-03-08Mr. Justice Sudhir Singh2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.13539 of 2018 Arising Out of PS. Case No.-43 Year-2017 Thana- SAHPUR District- Patna ======================================================

1. Gangajali Devi aged about 42 years, wife of Amar Rai

2. Amar Rai aged about 46 years, son of late Nathu Rai, both are resident of village Daudpur, P.S. Shahpur, District Patna ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Md. Helal Ahmad For the Opposite Party/s :

SMT. NIRMALA KUMARI ====================================================== CORAM: HONOURABLE MR. JUSTICE SUDHIR SINGH ORAL ORDER 08-03-2018 Heard learned counsel for the petitioners and learned APP for the State.

The petitioners are apprehending their arrest in a case registered under Sections 498A, 307/34 of the Indian Penal Code and 3⁄4 of Dowry Prohibition Act. Later on, Section 304B of the I.P.C. has been added..

Allegation is that the accused persons including the petitioners committed torture upon the informant due to nonfulfillment of demand of dowry and set the informant on fire, due to which she sustained burn injuries and thereafter she died. committed murder of against the petitioner is of committing torture upon the victim due to non-fulfilment of demand of dowry.

Patna High Court Cr.Misc. No.13539 of 2018(2) dt.08-03-2018 2/2 It has been submitted on behalf of the petitioners that the petitioners have got no criminal antecedent. There is no allegation of tampering of witnesses alleged against the petitioners. The petitioners have falsely been implicated in the present case. Petitioner No.1 is the mother-in-law and petitioner No.2 is the father-in-law of the deceased. They are separate in mess and property from the husband of the deceased. On behalf of the State, it is submitted that the petitioners are named in the F.I.R.

Considering the aforesaid facts and circumstances, let the petitioners, above named, in the event of arrest/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 learned A.C.J.M., Danapur in connection with Shahpur P.S. case No.43 of 2017, subject to the conditions as laid down under Section 438(2) of the Code of Criminal Procedure.

(Sudhir Singh, J) Narendra/- U T