Kunti Devi v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.37761 of 2019 Arising Out of PS. Case No.-276 Year-2018 Thana- MOTIHARI MUFASIL District- East Champaran ====================================================== 1.

Kunti Devi (F) aged about 70 years, wife of late Jagdish Goswami 2.

Sarita Devi (F) aged about 23 years, Wife of Rajesh Goswami 3.

Madan Goswami (M) aged about 34 years, Son of Late Jagdish Goswami 4.

Mukesh Goswami (M) aged about 39 years, Son of Late Jagdish Goswami All resident of Village - Pataura, P.S.- Muffasil, District - East Champaran. ... ... Petitioners

Versus

The State of Bihar ... ... Opposite Party ====================================================== Appearance :

For the Petitioner :

Mr. Rakesh Kumar No.1, Advocate For the Opposite Party :

APP ====================================================== CORAM: HONOURABLE MR. JUSTICE VIKASH JAIN ORAL ORDER 24-06-2019 Heard learned counsel for the petitioners and learned APP for the State.

2. The petitioners apprehend their arrest for the offences alleged under Sections 341, 342, 323, 324, 307, 354(B), 379, 498(A), 504 and 506 of the Indian Penal Code registered in connection with Muffasil P.S. Case No. 276 of 2018.

3. It is submitted that the petitioners, who are mother-inlaw, Gotini and brothers-in-law of the informant, have been falsely implicated and the accusations made by the informant after 9 years of marriage and having three three children, are highly improbable. In any event, the accusations of assault are general and omnibus in nature against all the petitioners and no accusation of demand of dowry has been made against them. The petitioners claim clean antecedents.

4. Be that as it may, in the event of the petitioners' arrest or surrender before the court below within six weeks from the date of

Patna High Court CR. MISC. No.37761 of 2019(2) dt.24-06-2019 2/2 communication of this order, let the above named petitioners be released on bail on furnishing bail bonds of Rs.10,000/- (ten thousand) each with two sureties of like amount each to the satisfaction of learned Chief Judicial Magistrate, Motihari in connection with Muffasil P.S. Case No. 276 of 2018, subject to the conditions as laid down under Section 438 (2) of the Cr.P.C. and with further conditions -- (i) That one of the bailors of each of the petitioners shall be their close relatives.

(ii) That the petitioners shall not indulge in any similar offence till conclusion of the trial.

(iii) That the petitioner nos. 1 and 2 shall be well represented in court on each and every date during trial except as and when directed by the learned court to be physically present and the petitioner nos. 3 and 4 shall remain physically present in court on each and every date during trial and in the event of failure on two consecutive dates without sufficient reason, their bail bonds shall be liable to be cancelled by the learned Court concerned. (iv) That the petitioners shall cooperate with the investigation, if not already concluded, and make themselves available as and when so required and in case of failure, the State shall be at liberty to move for cancellation of bail. (Vikash Jain, J) BT/- U T