Lalita Devi And ORS v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Miscellaneous No.14672 of 2016 Arising Out of PS.Case No. -170 Year- 2015 Thana -JOGAPATTI DistrictWESTCHAMPARAN(BETTIAH) ======================================================
1. Lalita Devi wife of Shobha Mahto
2. Asha Devi wife of Kamlesh Mahto
3. Mukti Mahto son of Late Vindhyachal Mahto All are residents of Village- Choubey Tola, Police Station- Jogapatti (Nawalpur), District- West Champaran. .... .... Petitioners
Versus
The State of Bihar .... .... Opposite Party ====================================================== Appearance :
For the Petitioner/s : Mr. Brij Kishor Mishra For the Opposite Party/s : Mr. Ramesh Chandra (App) ====================================================== CORAM: HONOURABLE MR. JUSTICE CHAKRADHARI SHARAN SINGH ORAL ORDER 25-04-2016 Heard learned counsel for the petitioners and the learned Additional Public Prosecutor, appearing on behalf of the State. This application for grant of anticipatory bail arises out of Jogapatti (Nawalpur) P.S. Case No. 170/2015, disclosing offences under sections 302, 328, 120B/34 of the Indian Penal Code. It appears that because of some matrimonial dispute between the deceased and his wife, the wife Sabita Devi left her matrimonial house. The deceased is said to have gone to his wife to pacify the dispute. Subsequently, the dead body of the deceased was found. This led to institution of the First Information Report by the father of the deceased.
Petitioner no.1 is the mother-in-law of the deceased and the petitioner no.2 is his brother-in-law. Petitioner no.3 is said to be co-villager of petitioners no. 1 and 2.
Patna High Court Cr.Misc. No.14672 of 2016 (2) dt.25-04-2016 Learned counsel for the petitioners has submitted that the police after completion of investigation have submitted charge sheet under section 306 of the I.P.C. He further submits that the wife of the deceased has been granted anticipatory bail by this Court vide order dated 22.1.2016 passed in Cr.Misc.No. 56408/2015.
Considering the above, this application is allowed. Let the petitioners, abovenamed, in the event of their arrest/ surrender before the court below within six weeks from today, be released on bail on furnishing bail bond of Rs.10,000/- (ten thousand) each with two sureties of the like amount each to the satisfaction of Sri B.K.Ray, Sub-Judge IV cum Addl. Chief Judicial Magistrate 2nd, Bettiah, West Champaran in Jogapatti (Nawalpur) P.S.Case No. 170/2015, subject to the conditions as laid down under section 438(2) of the Cr.P.C. This is subject to the condition that the petitioners shall present themselves before the police/ court, as the case may be, as and when required and in the event of failure on their part to appear before the Court on two consecutive occasions, their bail bonds shall be liable to be cancelled.
Surendra/- (Chakradhari Sharan Singh, J) U