Babuni Devi And ANR v. State Of Bihar And ANR
IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Miscellaneous No.33424 of 2018 Arising Out of PS. Case No.-199 Year-2014 Thana- PAKRIDAYAL District- East Champaran ======================================================
1. Babuni Devi W/o Bindalal Prasad,
2. Dhanmanti Devi @ Sanjana Devi W/o Shivji Prasad, Both are R/o Vill.- Barkagaon, P.S.- Pakaridayal, District- East Champaran.
... ... Petitioner/s
Versus
1. The State of Bihar.
2. Sushila Devi W/o Vishwanath Prasad, R/o Vill.- Kaswa Lokhan , P.S.- Ghorasahan, District- East Champaran.
... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Pramod Kumar Pandey For the Opposite Party/s :
Smt. Madhuri Lata ====================================================== CORAM: HONOURABLE MR. JUSTICE SUDHIR SINGH ORAL ORDER 20-06-2018 Heard learned counsel for the petitioners and learned APP for the State.
The petitioners are apprehending their arrest in a case registered under Sections 109, 498A/302/34 of the Indian Penal Code and 3⁄4 of Dowry Prohibition Act.
Allegation is that the accused persons including the petitioners committed murder of the daughter of the informant due to non-fulfillment of demand of dowry.
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. Both the petitioners are ladies. The alleged date of
Patna High Court Cr.Misc. No.33424 of 2018(2) dt.20-06-2018 2/2 occurrence is said to have taken place on 3.6.2008. In respect of the same, the mother of the deceased instituted a complaint case on 3.7.2009 after a year. The delay has not been explained by the prosecution. On the basis of the said complaint, an F.I.R. was instituted under Section 156(3) Cr.P.C. on 17.09.2014. The matter has already been compromised between the parties vide Annexure 3 to the present application.
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 six weeks from today, be released on anticipatory bail on furnishing bail bonds of Rs.10,000/- (Ten thousand) with two sureties of the like amount each to the satisfaction of learned A.C.J.M. V, Motihari in connection with Pakaridayal P.S. Case No.199 of 2014, subject to the conditions as laid down under Section 438(2) of the Code of Criminal Procedure.
Narendra/- (Sudhir Singh, J) U T