Bachiya Devi And ANR v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Miscellaneous No.74875 of 2018 Arising Out of PS. Case No.-139 Year-2018 Thana- DHAKA District- East Champaran ======================================================
1. Bachiya Devi, Wife Nand Kishore Ram,
2. Bilash Ram Son of ------ Both Village-Bashiya, P.S.-Dhaka, District-East Champaran ... ... Petitioner/s
Versus
The State Of Bihar ... ... Respondent/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Umesh Chandra Verma For the Respondent/s :
Mr. Arun Kumar Pandey ====================================================== CORAM: HONOURABLE MR. JUSTICE DINESH KUMAR SINGH ORAL ORDER 15-01-2019 Heard learned counsels for the petitioners and the State.
The petitioners, being the mother and uncle of the husband of the victim are apprehending arrest in a case registered for the offences punishable under Sections 304B, 201 and 34 of the IPC.
The prosecution case, as per the written report of Kishun Deo Ram submitted to the Station House Officer, Pachapakari (O.P.), to the effect that the marriage of the daughter of the informant was performed with Sonu Ram on 28.04.2017 but subsequent to the marriage, further dowry demand of a motorcycle was made. On 25.04.2018, the daughter of the informant informed through mobile phone about her being tortured by the accused persons. Thereafter, on 30.04.2018, the
Patna High Court Cr.Misc. No.74875 of 2018(2) dt.15-01-2019 2/3 daughter of the informant was killed and the dead body was disposed of.
It is submitted by learned counsel for the petitioners that the accusation is omnibus and general. There is no specific accusation against the petitioners. It is further submitted that the petitioners claim to have resided separately from the daughter of the informant and they have falsely been roped in the present case. Moreover, petitioner no.1, is the mother and petitioner no.2 is uncle of the husband of the victim. However, the fatherin-law of the victim has been granted regular bail by a coordinate Bench of this Court vide Cr. Misc. No.66901 of 2018. A statement has been made in paragraph no.3 of the petition that the petitioners are not having any criminal antecedent. It is submitted by the learned APP for the State that the petitioners are named in the FIR.
Considering the fact that the thrust of accusation is against the husband of the victim and petitioner no.1, being a lady and petitioner no.2, being the uncle of the husband of the victim, coupled with the statement made in paragraph no.3 of the petition that the petitioners are not having any criminal antecedent, let the above named petitioners be released on anticipatory bail in the event of arrest/surrender before the
Patna High Court Cr.Misc. No.74875 of 2018(2) dt.15-01-2019 3/3 learned Court below within a period of twelve weeks from today, on furnishing bail bonds of Rs. 10,000/- (ten thousand) each with two sureties of like amount each to the satisfaction of learned S.D.J.M., Sikrahna at Dhaka, East Champaran in connection with Dhaka (Pachapakari) P.S. Case No. 139 of 2018, subject to the condition as laid down under Section 438(2) of the Cr. P.C.
(Dinesh Kumar Singh, J) Deepak/Rahul/- U T