Gauri Dom And ORS v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.45993 of 2017 Arising Out of PS.Case No. -16 Year- 2016 Thana -MAJHAULIA DistrictWESTCHAMPARAN(BETTIAH) ======================================================

1. Gauri Dom son of Late Nathuni Dom

2. Dinesh Dom son of Deba Dom

3. Binod Dom son of Ramautar Dom All residents of village - Jaukatiya Nai Deeh, Police Station - Majhauliya, District - West Champaran.

.... .... Petitioners

Versus

The State of Bihar.

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

For the Petitioner/s : Mr. Sanjay Kumar No.-7, Advocate For the Opposite Party/s : Mr. Satya Nand Shukla, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE ASHWANI KUMAR SINGH ORAL ORDER 03-10-2017 Heard learned counsel for the petitioners and learned Additional Public Prosecutor for the State.

The petitioners seek pre-arrest bail in connection with Majhauliya P. S. Case No.16 of 2016 registered under Section 304-B/34 of the Indian Penal Code.

It is contended that the petitioner no. 1 is uncle-in-law of the deceased whereas petitioner nos. 2 and 3 are agnates. They have no concern with day-to-day life of the deceased or her family members. He further contended that though chargesheet was submitted against the husband of the deceased,

Patna High Court Cr.Misc. No.45993 of 2017 (2) dt.03-10-2017 2/2 namely, Manager Dom, investigation was kept open as against these accused persons and Manager Dom having faced trial has already been acquitted by the trial court.

Learned Additional Public Prosecutor for the State has opposed the prayer for grant of pre-arrest bail to the petitioners.

Considering the submissions made above, the petitioners named above are directed to be released on bail on furnishing bail bond of Rs.10,000/- ( Rupees ten thousand) with two sureties of the like amount each to the satisfaction of learned Chief Judicial Magistrate, Bettiah, West Champaran in Majhauliya P. S. Case No.16 of 2016, subject to the conditions as laid down under Section 438 (2) of the Code of Criminal Procedure, in the event of arrest or surrender before the court below within six weeks from today.

(Ashwani Kumar Singh, J.) Kanchan/- U T