Mala Devi v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.29849 of 2023 Arising Out of PS. Case No.-108 Year-2023 Thana- MANER District- Patna ====================================================== 1.
MALA DEVI, WIFE OF DEWENDRA PASWAN, RESIDENT OF VILLAGE- SINGHARA, PS- MANER, DISTT- PATNA 2.
RUBI DEVI, WIFE OF SUDHIR KUMAR, D/O- DEVENDRA PASWAN RESIDENT OF VILLAGE- WARD NO. 11, GOPALPUR, S. GOPALPUR, PS- NAUBATPUR, DISTT- PATNA , BIHAR ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr.Dhananjay Kumar Tiwary, Advocate For the Opposite Party/s :
Mr.Jharkhandi Upadhyay, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE MADHURESH PRASAD ORAL ORDER 14-07-2023 1.
Heard learned counsel for the petitioners and learned APP for the State of Bihar.
2.
The petitioners are apprehending their arrest in connection with Maner P.S. Case No. 108 of 2023 registered for offence under Sections 304B and 34 of Indian Penal Code. 3.
Six years after the informant's daughter was married to the son of the petitioner no.1, she has allegedly been done to death at her matrimonial home for non-fulfillment of demand for dowry. The FIR alleges that the killing is preceded by cruelty for the non-fulfillment of demand for dowry. 4.
Learned counsel for the petitioners submits that the petitioners are mother-in-law and sister-in-law (Nanad) of the
Patna High Court CR. MISC. No.29849 of 2023(2) dt.14-07-2023 2/3 victim and by virtue of their relationship, they have been named, though there is no specific allegation against them. The husband of the victim is already in custody. The petitioners have no criminal antecedents.
5.
Learned APP for the State has opposed the prayer for bail.
6.
Considering the rival submissions, relationship of the petitioners with the victim and nature of allegations, as also their clean antecedents, this Court is inclined to allow petitioners' prayer for grant of anticipatory bail. 7.
Petitioners' prayer for anticipatory bail is allowed. 8.
Accordingly, let the petitioners, above named, in the event of their arrest or surrender before the court below within a period of four weeks from today, be released on bail on furnishing bail bond of Rs.10,000/- (Ten thousand) each with two sureties of the like amount each to the satisfaction of the learned Judicial Magistrate-1st Class, Danapur, in connection with Maner P.S. Case No.108 of 2023, subject to the conditions as laid down in Section 438(2) of the Code of Criminal Procedure as also subject to the following conditions: (i) That one of the bailors will be a close relative of the petitioners who will give an affidavit giving genealogy as to how he is related with the
Patna High Court CR. MISC. No.29849 of 2023(2) dt.14-07-2023 3/3 petitioners. The bailor will also undertake to inform the court if there is any change in the address of the petitioners.
(ii) That the petitioners will be well represented on each date and if they fail to do so on two consecutive dates, their bail bond will be liable to be cancelled.
(Madhuresh Prasad, J) shashank/- U T