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Patna High CourtCR. MISC./42495/2021bail granted

Meena Devi v. The State Of Bihar

2021-08-17Mr. Justice Sudhir Singh3 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.42495 of 2021 Arising Out of PS. Case No.-1605 Year-2015 Thana- VAISALI COMPLAINT CASE District- Vaishali ====================================================== 1.

MEENA DEVI Wife of Kokil Paswan Resident of Village - Nayaka Padhi, Fatehpur, Police Station - Raghopur, District - Vaishali. 2.

Khusboo Kumari Daughter of Kokil Paswan Resident of Village - Nayaka Padhi, Fatehpur, Police Station - Raghopur, District - Vaishali. 3.

Sony Devi Wife of Jitendra Paswan Resident of Village - Nayaka Padhi, Fatehpur, Police Station - Raghopur, District - Vaishali. 4.

Pratima Devi Wife of Krishn Paswan Resident of Village - Nayaka Padhi, Fatehpur, Police Station - Raghopur, District - Vaishali. 5.

Bala Likhinder Bhagat @ Bala Likhinder Paswan Son of Kokil Paswan Resident of Village - Nayaka Padhi, Fatehpur, Police Station - Raghopur, District - Vaishali.

6.

Jitendra Paswan Son of Kokil Paswan Resident of Village - Nayaka Padhi, Fatehpur, Police Station - Raghopur, District - Vaishali. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Rakesh Prabhat For the Opposite Party/s :

Mr.Ram Priya Sharan Singh ====================================================== CORAM: HONOURABLE MR. JUSTICE SUDHIR SINGH ORAL ORDER 17-08-2021 Heard learned counsel for the petitioners and learned APP for the State.

Learned counsel for the petitioners is directed to remove the defect(s), as pointed out by the office, within a period of four weeks after restoration of normalcy. The petitioners are apprehending their arrest in Complaint Case No. 1605 of 2015 registered for the offence under Section 304B/120B of the Indian Penal Code.

Patna High Court CR. MISC. No.42495 of 2021(2) dt.17-08-2021 2/3 Allegation against the petitioners is of committing torture and caused death of the victim due to non-fulfillment of demand of dowry.

It has been submitted on behalf of the petitioners that the petitioner has got no criminal antecedent. There is no allegation of tampering of witnesses alleged against the petitioners. The petitioners have been falsely implicated in the present case. The petitioner No. 1 is mother-in-law while petitioner Nos. 2 & 3 are sisters-in-law of the deceased. The petitioner No. 4 is alleged to be second wife of husband of the the deceased. The petitioner Nos. 5 & 6 are brothers-in-law of the deceased. The petitioner Nos. 1, 2, 3 5 & 6 are separate in mess and property from husband of the deceased. The petitioner No. 4 has not been married to the husband of the deceased. Hence the allegation of being second wife is denied by the petitioner No. 4. The petitioners have got no concern with the alleged occurrence. Prior to the institution of the present complaint case, an U.D. case was filed and after inquiry, a report was submitted by the police where it was stated that the deceased died due to snake bite. The said report is Annexure-2 to the present application.

On behalf of the State, it is submitted that the

Patna High Court CR. MISC. No.42495 of 2021(2) dt.17-08-2021 3/3 petitioners are named in the Complaint Case/F.I.R. Considering the aforesaid facts and circumstances of the case, the petitioners, above named, in the event of arrest or surrender before the learned court below within a period of twelve weeks from today, be released on anticipatory bail on their personal bond to the satisfaction of learned Additional District Judge-VII, Vaishali at Hajipur in connection with Complaint Case No. 1605 of 2015 subject to the conditions as laid down under Section 438(2) of the Code of Criminal Procedure.

Once the normalcy is restored, the petitioners shall furnish bail bonds of Rs. 10,000/- (Rupees ten thousand) with two sureties of the like amount each within a period of eight weeks to the satisfaction of the court concerned in connection with the aforesaid case.

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