Shoshila Devi And ORS v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Miscellaneous No.47855 of 2018 Arising Out of PS.Case No. -34 Year- 2018 Thana -PHENHARA District- EASTCHAMPARAN (MOTIHARI) ======================================================
1. Shoshila Devi, W/o Indrdeo Sah,
2. Rima Kumari D/o Inardeo Sah,
3. Inardeo Sah @ Indradeo Sah S/o Late Aambilash Sah,
4. Krishna Sah @ Kishan Sah @ Kishun Sah @ Krishna Kumar S/o Indradeo Sah,
5. Naresh Kumar @ Naresh Sah S/o Inardeo Sah, All R/o Vill.- Rupouliya, P.S.- Phenhara, District- East Champaran.
.... .... Petitioner/s
Versus
1. The State of Bihar .... .... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s : Mr. Umesh Chandra Verma For the Opposite Party/s : Mr. Sri Ajay Kumar -2 ====================================================== CORAM: HONOURABLE MR. JUSTICE VINOD KUMAR SINHA ORAL ORDER 21-08-2018 The petitioners are apprehending their arrest in connection with Phenhara P.S. Case No. 34 of 2018, registered for offences punishable under Sections 304(B), 328/34 of the Indian Penal Code.
Petitioners happen to be mother - in - law, sister-in-law, father-in- law and two brothers - in- law (Devar and Bhaisur) and allegation against them is of commission of death of the deceased for non fulfillment of demand of dowry.
Submission of learned counsel for the petitioners is that no specific allegation has been attributed against the petitioners and in fact the deceased died due diarrhea and these petitioners
Patna High Court Cr.Misc. No.47855 of 2018 (2) dt.21-08-2018 2/3 have falsely been made accused.
Heard learned A.P.P. also who opposed the prayer for anticipatory bail of the petitioners by stating that nothing has been brought on record to show that the deceased was suffering from diarrhea.
Having heard both sides, in view of the above facts, let the petitioners above named, in the event of their arrest or surrender before the court below within a period of six weeks from the date of receipt/production of a copy of this order, be enlarged on bail on furnishing bond of Rs. 25,000 (Rs. Twenty Five Thousand) each with two sureties of the like amount each to the satisfaction of learned Additional Chief Judicial Magistrate, Motihari, East Champaran, in connection with Phenhara P.S. Case No. 34 of 2018, subject to the conditions as laid down under Section 438(2) of the Cr.P.C, as well as subject to the following conditions, it is further subject to the condition that:- (i) One of the bailors of the petitioners shall be a local person having sufficient immovable property within the jurisdiction of the concerned Court.
(ii) The petitioners shall cooperate in the investigation and make themselves available
Patna High Court Cr.Misc. No.47855 of 2018 (2) dt.21-08-2018 3/3 as and when required by the police and on the event of failure on their part to appear before the police on two consecutive dates without showing any genuine reasons, the prosecution is free to move for cancellation of their bail bonds.
(Vinod Kumar Sinha, J) sunil/Amjad/- U T