Patna High CourtCR. MISC./54581/2018bail granted

Urmila Devi And ORS v. The State Of Bihar

2018-10-01Mr. Justice Sudhir Singh2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.54581 of 2018 Arising Out of PS.Case No. -605 Year- 2015 Thana -NAUBATPUR District- PATNA ======================================================

1. Urmila Devi, W/o Mithlesh Mochi, D/o Balkeshwar Mochi @ Baleshwar Mochi, R/o Vill.- Sikandarpur, P.S.- Paliganj, DistrictPatna.

2. Pramila Devi, W/o Chhotu Mochi, D/o Balkeshwar Mochi @ Baleshwar Mochi, R/o Mohalla- Hathikhana, P.S.- Danapur, District- Patna.

3. Rajmanti Devi @ Rajmani Devi, W/o Raj Kumar,

4. Balkeshwar Mochi @ Baleshwar Mochi, S/o Late Abhiram @ Ami Ram, Both R/o Vill.- Tanrwan, P.S.- Naubatpur, District- Patna. .... .... Petitioners

Versus

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

For the Petitioners : Mr. Ashok Kumar Sinha, Advocate. For the Opposite Party : Mr. Kalyan Shankar, A.P.P. ====================================================== CORAM: HONOURABLE MR. JUSTICE SUDHIR SINGH ORAL ORDER 01-10-2018 Heard learned counsel for the petitioners and learned A.P.P. for the State.

The petitioners are apprehending their arrest in a case for the offence registered under Sections 498(A), 304(B), 120(B)/34 of the IPC and 3⁄4 of the D.P. Act. The prosecution story, in brief, is that the accused persons including the petitioners killed the victim due to nonfulfilment of demand of dowry. It has been submitted by learned counsel for the petitioners that the petitioners have got no criminal antecedent.

Patna High Court Cr.Misc. No.54581 of 2018 (2) dt.01-10-2018 2/2 There is no allegation of tampering with the witnesses alleged against the petitioners. The petitioners have been made accused in the present case due to mistake of fact. The petitioners are in-laws of the victim. They are separate in mess and property from the husband of the deceased. The petitioners have no concern with the alleged occurrence. The husband of the deceased is in custody. On behalf of the learned counsel for the State, it has been submitted that the petitioners are named in the F.I.R/ complaint case.

Considering the aforesaid facts and circumstances, let the petitioners above named, in the event of arrest or 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) each with two sureties of the like amount each to the satisfaction of the learned A.C.J.M.-II, Danapur, Patna, in connection with Naubatpur P.S. Case No. 605 of 2015, subject to the conditions as laid down under Section 438(2) of the Code of Criminal Procedure.

U.K./- (Sudhir Singh, J) U T