Sunita Devi And ORS v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.50818 of 2018 Arising Out of PS. Case No.-170 Year-2016 Thana- BHARGAMA District- Araria ======================================================

1. Sunita Devi, W/o Shankar Mandal,

2. Gunjan Devi W/o Manoj Mandal,

3. Ruby Devi W/o Dilip Mandal,

4. Sukumani Devi W/o Ramdeo Mandal,

5. Ramdev Mandal S/o Late Mohan Mandal, All are R/o Vill.- Purbi Charaiya, Panchayat- Khutha, Baijnathpur, P.S.- Bhargama, District- Araria.

... ... Petitioners

Versus

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

For the Petitioners :

Mr. Gopal Kumar Jha, Adv.

For the Opposite Party :

Mr. Surendra Kumar, A.P.P.

====================================================== CORAM: HONOURABLE MR. JUSTICE S. KUMAR ORAL ORDER 07-09-2018 Heard learned counsel for petitioners and learned counsel for the State.

It has been submitted by the learned counsel for the petitioner that during pendency of this petition petitioner No. 5 Ramdev Mandal who is the father-in-law of the deceased was apprehended and has been sent in judicial custody, as such the anticipatory petition on his behalf become infructuous and is being dismissed.

Petitioners are apprehending their arrest in connection with BhargGunjan Deviama P.S. Case No. 170 of 2016 (G.R. No. 3642 of 2016) for the offences registered under Section 304(B), 120(B)/34 of the Indian Penal Code.

Patna High Court Cr.Misc. No.50818 of 2018(2) dt.07-09-2018 2/3 Informant who is the father of deceased has stated in his fardbeyan that marriage of his daughter was solemnized with Bijal Mandal 6 year ago. It has been stated that on 30.10.2016 he came to know that his daughter has been killed by the administering poison due to non-fulfillment of demand of dowry, thereafter he reached there and found dead body of his daughter and all accused persons fled away after putting the dead body.

It has been submitted on behalf of the petitioners that petitioner nos. 1, 2 and 3 are gotni and petitioner no. 4 is mother-in-law, they are innocent and have been falsely implicated in this case. The allegations made against petitioners are false and fabricated. They were leaving separately and having no concern with the deceased.

Considering the facts and circumstances of the present case, let petitioner no. 1. Sunita Devi, petitioner no. 2. Gunjan Devi, petitioner no.3, Ruby Devi and petitioner no.4 Sukumani Devi, in the event of arrest or surrender within a period of four weeks from the date of receipt/production of a copy of this order, be enlarged on bail on furnishing bail bonds of Rs. 10,000/- (Ten thousand only) each with two sureties of the like amount each to the satisfaction

Patna High Court Cr.Misc. No.50818 of 2018(2) dt.07-09-2018 3/3 of the learned C.J.M., Araria in connection with Bhargama P.S. Case No. 170 of 2016 (G.R. No. 3642 of 2016), subject to the condition as laid down under Section 438(2) of the Code of Criminal Procedure.

(S. Kumar, J.) Rajiv/manoj U T