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Patna High CourtCR. MISC./25071/2020bail granted

Anjali Devi v. The State Of Bihar

2020-10-14Mr. Justice Prabhat Kumar Singh2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.25071 of 2020 Arising Out of PS. Case No.-6 Year-2020 Thana- SARAI District- Vaishali ====================================================== 1.

ANJALI DEVI Wife of Rajnish Tiwary @ Bhola Resident of Village-Sahori, P.S.-Sarai, District-Vaishali.

2.

Suman Devi Wife of Ram Dhyan Tiwary Resident of Village-Sahori, P.S.- Sarai, District-Vaishali.

3.

Rajnish Tiwary @ Bhola Son of Ram Dhyan Tiwary Resident of VillageSahori, P.S.-Sarai, District-Vaishali. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Ajay Kumar Thakur For the Opposite Party/s :

Mr.A.G.

====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH ORAL ORDER 14-10-2020 Heard learned counsel for the petitioners and the State through Video Conferencing.

Petitioners apprehend arrest in a case registered for the offence punishable under Sections 304(B)/34 of the Indian Penal Code.

The prosecution case in brief is that informant's niece, Nisha Kumari, was married with Brajesh Tiwary in the year 2018 and after marriage went to her sasural where she was tortured and assaulted by her in-law's family for demand of dowry of Rs.1 lack and threatened to kill her if the demand is not fulfilled. On 03.01.2020, her in-law's family members, as named in the F.I.R. have killed Nisha Kumari by pressing her neck. On receiving information by the villagers, informant went

Patna High Court CR. MISC. No.25071 of 2020(2) dt.14-10-2020 2/2 there and saw that his niece was lying dead in the room and all her in-law's family members had absconded.

It is submitted on behalf of the petitioners that petitioners are innocent and they have falsely been implicated in the present case. They have not committed any offence. Petitioner No.1 is the sister-in-law and Petitioner No.3 is the brother-in-law of the deceased. Petitioner No.3 and Petitioner No.1 are husband and wife respectively and they are living separately in Chhatisgarh. Petitioner No. 2 is the mother-in-law of the deceased. Hence, they have no concern with the affairs of the deceased.

In the facts and circumstances of the case, prayer for bail of the petitioners is allowed. In the even of arrest/surrender, let the petitioners mentioned above be enlarged on bail on furnishing bail bonds of Rs.10,000/- (Ten Thousand) with two sureties of the like amount each to the satisfaction of learned Additional Chief Judicial Magistrate-XIII, Vaishali at Hajipur in Sarai P.S. Case No. 06 of 2020, subject to the conditions laid down under Section 438(2) of the Code of Criminal Procedure. (Prabhat Kumar Singh, J) Ankit/- U T