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Patna High CourtCR. MISC./35549/2016bail granted

Sobha Devi And ORS v. The State Of Bihar

2016-09-29Mr. Justice Prabhat Kumar Jha2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.35549 of 2016 Arising Out of PS.Case No. -132 Year- 2014 Thana -PALIGANJ District- PATNA ======================================================

1. Sobha Devi wife of Gopal Yadav

2. Uday Yadav son of Gopal Yadav

3. Mamta Devi wife of Uday Yadav All Resident of village- Rampur Nagwa, P.S.- Paliganj, District- Patna .... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Ashok Kumar Sinha For the Opposite Party/s : Mr. Ram Priya Saran Singh ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR JHA ORAL ORDER 29-09-2016 Heard both sides.

The petitioners apprehend their arrest in Paliganj P.S. case No. 132 of 2014 under Section 304B, 201/34 of the Indian Penal Code.

The mother of the deceased alleged that her daughter was married to Santosh Yadav, son of Chengan Yadav, about three years ago. Her daughter lived in her Sasural happily for one year but thereafter her husband, father-in-law, cousin father-inlaw, cousin brother-in-law, cousin sister-in-law began to torture her on account of non fulfillment of dowry demand. Santosh Yadav was also assaulting the daughter of informant. On 06.06.2014 the son-in-law of the informant came to her house and took his wife and on 07.06.2014 all the accused persons killed her

Patna High Court Cr.Misc. No.35549 of 2016 (3) dt.29-09-2016 2/2 daughter and disposed of her dead body.

It is submitted that petitioners are cousin mother-inlaw, cousin brother-in-law and cousin sister-in-law of the deceased. They have no manner of concern with the family affairs of the deceased and her husband. They are living separately for last more than 15 years. The informant has not made any specific allegation of demand of dowry and torture against the petitioners. Considering the facts aforesaid and the fact that petitioners are cousin mother-in-law, cousin brother-in-law and cousin sister-in-law of the deceased, the above named petitioners, in the event of their arrest or surrender before the learned 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) with two sureties of the like amount each to the satisfaction of the learned Sub-divisional Judicial Magistrate, Danapur, Patna in Paliganj P.S. Case No. 132 of 2014, subject to the conditions as laid down under Section 438(2) of the Code of Criminal Procedure.

(Prabhat Kumar Jha, J) BKS/- U T