Nirmala Devi v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.27836 of 2020 Arising Out of PS. Case No.-308 Year-2020 Thana- SONEPUR District- Saran ====================================================== 1.

NIRMALA DEVI W/o Suman Kumar Premchandra R/o Village- Sadhu Gachhi Mali Chak, P.S.- Sonepur, District- Saran 2.

Rupesh Kumar @ Hind Keshari Ranjan S/o Suman Kumar @ Premchandra R/o Village- Sadhu Gachhi Mali Chak, P.S.- Sonepur, District- Saran 3.

Bitu Kumar @ Nand Keshari Ranjan S/o Suman Kumar @ Premchandra R/o Village- Sadhu Gachhi Mali Chak, P.S.- Sonepur, District- Saran 4.

Param Prakash @ Param Prakash Ranjan @ Prem Prakash S/o Suman Kumar @ Premchandara R/o Village- Sadhu Gachhi Mali Chak, P.S.- Sonepur, District- Saran ... ... Petitioners

Versus

The State of Bihar ... ... Opposite Party ====================================================== Appearance :

For the Petitioner/s :

Mr.Gajendra Kumar Singh For the Opposite Party/s :

Mr.Akhileshwar Dayal, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE SUDHIR SINGH ORAL ORDER 04-12-2020 Due to COVID-19 Pandemic, the matter is being taken up by way of Virtual Court proceeding.

The matter has been listed under the heading 'For Orders' under the orders of Hon'ble the Chief Justice. Heard learned counsel for the petitioners and learned APP for the State.

The petitioners are apprehending their arrest in a case registered under Sections 304(B), 201/34 of the Indian Penal Code. Allegation against the accused persons is of committing torture and assault and thereafter caused death of the victim due to non-fulfilment of demand of dowry.

Patna High Court CR. MISC. No.27836 of 2020(2) dt.04-12-2020 2/2 It has been submitted on behalf of the petitioners that the petitioners have got no criminal antecedent. There is no allegation of tampering of witnesses alleged against the petitioners. The petitioners have falsely been implicated in the present case. The petitioner no. 1 is elder sister-in-law of the deceased and petitioner nos. 2 to 4 are sons of petitioner no. 1. They are separate in mess and property from the husband of the deceased. They have got no concern with the alleged occurrence.

On behalf of the State, it is 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/surrender before the learned court below within a period of twelve 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 learned Chief Judicial Magistrate, Saran at Chapra in connection with Sonepur P.S. Case No. 308/2020, subject to the conditions as laid down under Section 438(2) of the Code of Criminal Procedure.

(Sudhir Singh, J) Pankaj/- U T