Hiramati Devi And ORS v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.12205 of 2018 Arising Out of PS.Case No. -306 Year- 2017 Thana -BARHARA District- BHOJPUR ======================================================

1. Hiramati Devi, Wife of Dudheshwar Pandey,

2. Chunnu Pandey, Son of Dudheshwar Pandey,

3. Neha Devi @ Neha Kumari, Daughter of Dudheshwar Pandey, All are resident of Village- Sabalpur, P.S. Barhara, District- Bhojpur. .... .... Petitioners

Versus

The State of Bihar.

.... .... Opposite Party ====================================================== Appearance :

For the Petitioners : Mr. Sarveshwar Tiwary, Advocate. For the Opposite Party : Smt. Anusuiya Jaiswal, A.P.P. ====================================================== CORAM: HONOURABLE MR. JUSTICE SUDHIR SINGH ORAL ORDER 22-03-2018 Heard learned counsel for the petitioners and learned A.P.P. for the State.

The petitioners are apprehending their arrest in a case for the offence registered under Sections 341, 323, 326, 498(A), 304(B) and 201/34 of the IPC.

The prosecution story, in brief, is that the accused persons including the petitioners killed the victim due to nonfulfilment of demand of dowry. It has been submitted by learned counsel for the petitioners that the petitioners have got no criminal antecedent. There is no allegation of tampering with the witnesses alleged against the petitioners. The petitioners have been made accused in

Patna High Court Cr.Misc. No.12205 of 2018 (3) dt.22-03-2018 2/2 the present case due to mistake of fact. The petitioners are motherin-law, Bhaisur and Nanad of the deceased. They are separate in mess and property from the husband of the deceased. In paragraph nos. 6, 7 and 8 of the case diary, witnesses have stated that the deceased died due to accidental fire.

On behalf of the learned counsel for the State, it has been 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 or 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 the learned C.J.M. Ara, Bhojpur, in connection with Barhara P.S. Case No. 306/2017, subject to the conditions as laid down under Section 438(2) of the Code of Criminal Procedure.

U.K./- (Sudhir Singh, J) U T