← Library
Patna High CourtCR. MISC./31501/2019disposed

Chanka Devi v. The State Of Bihar

2019-05-15Mr. Justice Shivaji Pandey2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.31501 of 2019 Arising Out of PS. Case No.-346 Year-2018 Thana- DEEPNAGAR District- Nalanda ====================================================== 1.

CHANKA DEVI Wife of Late Lal Chand Yadav 2.

Lakho Devi Wife of Nitesh Yadav 3.

Nitesh Yadav Son of Chande Yadav, Resident of Village - Tira, P.S. - Nagarnausa, District - Nalanda.

... ... Petitioner/s

Versus

The State of Bihar.

... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Raj Kishor Prasad, Adv.

For the Opposite Party/s :

Mr.Ram Priya Sharan Singh, Adv.

====================================================== CORAM: HONOURABLE MR. JUSTICE SHIVAJI PANDEY ORAL ORDER 15-05-2019 Heard learned counsel for the petitioners and learned counsel for the State.

In this case, the petitioners are seeking bail in connection with Deepnagar P.S. Case No. 346 of 2018, registered for offence punishable under sections 304B and 201/34 of the Indian Penal Code.

The marriage was solemnized in 2012 and information was received on 24.09.2018 that the deceased has committed suicide, but later on, it transpired that they have killed the deceased on account of having not given motor cycle by way of dowry. The petitioner no. 1 is mother-in-law, petitioner no. 2 is sister-in-law (Nanad) and petitioner no. 3 is

Patna High Court CR. MISC. No.31501 of 2019(3) dt.15-05-2019 2/2 brother-in-law (Debar) of the deceased.

As petitioner no. 1 is mother-in-law, her prayer for bail is rejected with liberty that if she surrenders and prays for regular bail, the court below will have liberty to decide the matter without being prejudiced by this order. So far petitioner nos. 2 and 3 is concerned, looking to the relationship, the prayer for bail of petitioner nos. 2 and 3 is allowed and they, in the event of arrest or surrender before the court below within six weeks from today, are directed to be enlarged on anticipatory bail on furnishing bail bonds of Rs.10,000/- each with two sureties of the like amount each to the satisfaction of Chief Judicial Magistrate, Nalanda at Biharsharif in Deepnagar P.S. Case No. 346 of 2018, subject to the conditions as laid down under section 438 Cr.

PC and also subject to the condition that one of the bailors of the petitioners shall be a local person having sufficient immovable property within the jurisdiction of the concerned Court. The petitioners will not induce any witness or tamper with the evidence. The petitioners shall cooperate in the disposal of trial and make themselves available as and when required by the court.