Sri Pati Devi And ANR v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.18481 of 2016 Arising Out of PS.Case No. -171 Year- 2015 Thana -TARIYANI CHOWK DistrictSHEOHAR =====================================

1. Sri Pati Devi, Wife of Ram Pravesh Mahto, resident of village- Bariarpur, P.S.- Tariyani, District- Sheohar.

2. Alia Devi @ Asiya Devi, wife of Late Rajdhari Mahto, resident of village- Rupauli, Tola- Dhanushi, P.S.- Dumra, District- Sitamarhi.

.... .... Petitioner/s

Versus

1. The State of Bihar.

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

For the Petitioner/s : Mr. Hans Lal Kumar, Adv. For the Opposite Party/s : Mr. Dilip Kumar (App) ===================================== CORAM: HONOURABLE MR. JUSTICE CHAKRADHARI SHARAN SINGH ORAL ORDER 13-07-2016 Heard learned counsel for the petitioners and learned Additional Public Prosecutor for the State. This application, for grant of anticipatory bail, arises out of Tariyani P.S. Case No.171 of 2015, disclosing offences under Sections 302 and 201/34 of the Indian Penal Code.

The petitioner No.2 is the wife of the deceased, whereas, petitioner No.1 is wife of brother

Patna High Court Cr.Misc. No.18481 of 2016 (3) dt.13-07-2016 2/3 of the deceased. The deceased, 35 years after his marriage with petitioner No.2, died issueless at his inlaws place. Learned counsel for the petitioners has submitted that the deceased died a natural death and only for the purpose of grabbing the property, which petitioner No.2 would have otherwise inherited, a false case has been instituted. He has further submitted that petitioners being ladies, there is no chance of their absconding from the course of investigation or trial.

In view of the submission, as above, this application is allowed.

Let the petitioners, abovenamed, in the event of their arrest or surrender before the court below within six weeks, be released on bail on furnishing bail bonds of Rs.10,000/- (Rupees Ten Thousand) each with two sureties of the like amount each to the satisfaction of learned Chief Judicial Magistrate, Sheohar, in connection with Tariyani P.S. Case No.171 of 2015, subject to the condition laid down under Section 438 (2) of the Code of Criminal Procedure.

This is subject to the condition that the petitioners, abovenamed, shall present themselves

Patna High Court Cr.Misc. No.18481 of 2016 (3) dt.13-07-2016 3/3 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.

(Chakradhari Sharan Singh, J.) Praveen-II/- U T