Lalita Devi And ORS v. The State Of Bihar

Patna High Court Cr.Misc. No.44094 of 2017 (3) dt.02-11-2017

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.44094 of 2017 Arising Out of PS.Case No. -386 Year- 2017 Thana -KHAGARIA District- KHAGARIA ======================================================

1. Lalita Devi, wife of Sadanand Patel

2. Sadanand Patel, son of Shivchandra Patel,

3. Radhanand Patel, son of Shivchandr Patel, All residents of Village - Dhunima, P.S. - Muffasil, District - Khagaria. .... .... Petitioner/s

Versus

The State of Bihar.

.... .... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s : Mr. Ram Sumiran Rai For the Opposite Party/s : Mr. Sri Harendra Prasad ====================================================== CORAM: HONOURABLE MR. JUSTICE RAJENDRA KUMAR MISHRA ORAL ORDER 02-11-2017 Learned counsel for the petitioners submits that petitioner no. 3, Radhanand Patel, has already been apprehended by the police, so he seeks permission to withdraw this application with regard to petitioner no. 3.

Permission is accorded.

Accordingly, this application is dismissed as withdrawn with regard to petitioner no. 3, Radhanand Patel. Heard learned counsel for the petitioners and the learned A.P.P. for the State.

The petitioner nos. 1 and 2 apprehend their arrest in connection with Khagaria (Muffasil) P.S. Case No. 386 of 2017, registered under Section 304(B)/34 of the Indian Penal Code.

Patna High Court Cr.Misc. No.44094 of 2017 (3) dt.02-11-2017 The accusation is of killing the daughter of the informant by her husband and in-laws due to non-fulfillment of demand of dowry and also to dispose of her dead body. Learned counsel for the petitioners submits that petitioner nos. 1, Lalita Devi and petitioner no. 2, Sadanand Patel, are mother-in-law and father-in-law of the deceased, daughter of the informant, and they have falsely been implicated in this case due to ulterior motive, in fact, the deceased, daughter of the informant, died due to illness. Moreover, Ajad Kumar, husband of the deceased, is already in custody.

Having regard to the facts and circumstances of the case, let the above named petitioner nos. 1 and 2 be released on bail, in the event of their arrest or surrender before the learned Court below within a period of six weeks from today, 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, Khagaria, in connection with Khagaria (Muffasil) P.S. Case No. 386 of 2017, subject to the condition as laid down under Section 438(2) of the Cr.P.C. (Rajendra Kumar Mishra, J) Bhardwaj/- U T