Chutaki Devi @ Chutki Devi v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.39054 of 2023 Arising Out of PS. Case No.-11 Year-2023 Thana- TIKAPATTI District- Purnia ====================================================== 1.

Chutaki Devi @ Chutki Devi Wife Of Lalu Paswan Resident Of Village - Nayanand, P.S. - Tikapatti, District - Purnia 2.

Lalu Paswan Son Of Late Narayan Paswan Resident Of Village - Nayanand, P.S. - Tikapatti, District - Purnia 3.

Ravi Paswan Son Of Sukchulli Paswan Resident Of Village - Aajhokopa, P.S. - Ruapuli, District - Purnia ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Bhola Prasad, Advocate For the Opposite Party/s :

Mr.Gauri Shankar Gupta, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RAJEEV RANJAN PRASAD ORAL ORDER 06-09-2023 Heard learned counsel for the petitioners and learned APP for the State.

2. The petitioners, in the present case, are seeking prearrest bail in connection with Tikapatti P.S. Case No.11 of 2023 registered for the offences punishable under Sections 304(B) and 201/34 of the Indian Penal Code. The petitioners have got no criminal antecedent.

3. As per the prosecution story, the petitioners along with other named accused persons were involved in torturing and killing of the sister of the informant due to non-fulfillment of demand of dowry.

Patna High Court CR. MISC. No.39054 of 2023(3) dt.06-09-2023 2/3

4. Learned counsel for the petitioners submits that the petitioner no.1 is the mother-in-law, petitioner no.2 is the fatherin-law of the deceased and petitioner no.3 is the brother-in-law of the husband of the deceased and they are living separately from the husband of the deceased. Learned counsel submits that there is no specific allegation of assault against these petitioners.

5. Learned A.P.P. for the State is present and after perusal of the case diary submits that there is no significant material against the petitioners.

6. Having regard to the statement of learned APP for the State after perusal of the case diary that there is no significant material against these petitioners who are mother-inlaw, father-in-law of the deceased and brother-in-law respectively of the husband of the deceased and the husband of the deceased is already in judicial custody, this Court directs that in case of their arrest/surrender within a period of four weeks from today, let the petitioners above-named be enlarged on bail on furnishing bail bond of Rs. 25,000/- (twenty five thousand) each with two sureties of the like amount each to the satisfaction of learned C.J.M., Purnea in connection with Tikapatti P.S. Case No. P.S. Case No.11 of 2023, subject to the conditions as laid down under Section 438(2) of the Cr.P.C.

Patna High Court CR. MISC. No.39054 of 2023(3) dt.06-09-2023 3/3

7. And further condition that the court below shall verify the criminal antecedent of the petitioners and in case at any stage it is found that the petitioners have concealed their criminal antecedent, the court below shall take step for cancellation of bail bond of the petitioners. However, the acceptance of bail bonds in terms of the above-mentioned order shall not be delayed for purpose of or in the name of verification.

8. This application stands allowed.

9. The case diary be returned.

(Rajeev Ranjan Prasad, J) arvind/- U T