Moti Devi And ORS v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Miscellaneous No.12431 of 2018 Arising Out of PS.Case No. -227 Year- 2017 Thana -TEGHRA District- BEGUSARAI ======================================================
1. Moti Devi, wife of Pashupati Thakur @ Paashupati Thakur
2. Pashupati Thakur @ Paashupati Thakur, son of late Bhoni Thakur @ Late Bhuvneshwar Thakur
3. Ravo Thakur @ Ravindra Thakur, son of late Bhoni Thakur @ late Bhuvneshwar Thakur
4. Bambam Thakur, son of late Bhoni Thakur @ late Bhuvneshwar Thakaur
5. Gautam Thakur @ Gautam Kumar, son of Pashupati Thakur @ Paashupati Thakur
6. Sushil Thakur, Sushil Kumar, son of Ravo Thakur @ Ravindra Thakur All residents of village Gaura-I, P.S - l. Teghra, Distt. Begusarai. .... .... Petitioner/s
Versus
The State of Bihar .... .... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s : Mr. Sandip Kumar Gautam, Advocate. For the Opposite Party/s : Mr. Navin Kumar Pandey, A.P.P. ====================================================== CORAM: HONOURABLE MR. JUSTICE SANJAY PRIYA ORAL ORDER 28-02-2018 Heard learned counsel for the petitioners and the State.
The petitioners apprehend their arrest in Teghra P.S. Case No. 227 of 2017 instituted for the offence under Sections 304(B), 201 and 34 of the Indian Penal Code and Section 3/4 of Dowry Prohibition Act.
Supplementary affidavit has been filed on behalf of the petitioner. Let it be kept on the record. The informant has alleged that he is living with his brother Himanshu at Katras. His brother received information on his Mobile that his sister was assaulted and burnt. On receiving
Patna High Court Cr.Misc. No.12431 of 2018 (2) dt.28-02-2018 2/3 such information, he along with his brother came at village Gaura and learnt that his sister was being medically treated in Allexia Hospital, Begusarai. Thereafter, the informant along with his brother reached there and found his sister dead with burn injury. It is further alleged that his sister was burnt to death by her husband and other accused persons.
Learned counsel for the petitioners has submitted that these petitioners are mother-in-law, father-in-law, cousin motherin-law, Dewar and cousin Dewar of the deceased. It has further been submitted that matter has been compromised between the parties and a copy of compromise petition has been enclosed to the supplementary affidavit.
Considering the facts and circumstances of the case, prayer for anticipatory bail of the petitioners is allowed. In the event of surrender/arrest of the petitioners, named above, within six weeks from today, in connection with Teghra P.S. Case No. 227 of 2017, they shall be released on anticipatory bail on furnishing bail bond of Rs.10,000/- (Ten thousand) each with two sureties of the like amount each to the satisfaction of Sri Raghubir Prasad, learned Judicial Magistrate, 1st Class, Begusarai, subject to the conditions as laid down under Section 438 (2) Cr. P.C. with further conditions (1) bailors should be local having
Patna High Court Cr.Misc. No.12431 of 2018 (2) dt.28-02-2018 3/3 sufficient immovable property within the jurisdiction of the court concerned, (2) petitioners shall cooperate in the trial and shall be present on each and every date fixed by the court and their absence on two consecutive dates without proper and reasonable reason will be liable to cancel their bail bond and (3) if petitioners tamper with the evidence or the witnesses of the case, in that case, prosecution will be at liberty to move for cancellation of bail of the petitioners.
(Sanjay Priya, J) S.Ali/- U T