Malti Devi v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.37652 of 2020 Arising Out of PS. Case No.-112 Year-2019 Thana- SATHI District- West Champaran ====================================================== 1.

MALTI DEVI Wife of Chhathu Yadav Resident of Village - Sirisiya, P.O. and P.S.- Sathi, District - West Champaran, Bihar. 2.

Chhathu Yadav Son of Late Ganesh Yadav Resident of Village - Sirisiya, P.O. and P.S.- Sathi, District - West Champaran, Bihar. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Indrajesh Kumar For the Opposite Party/s :

Mr. N. Tiwary, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE SUDHIR SINGH ORAL ORDER 08-04-2021 Heard learned counsel for the petitioners and learned APP for the State through virtual mode.

Learned counsel for the petitioners is directed to remove the defects, as pointed out by the Office, within a period of four weeks.

The petitioners are apprehending their arrest in a case registered under Sections 304(B), 201/34 of the Indian Penal Code. Allegation against the accused persons is of committing torture and assault and thereafter caused death of the victim due to non-fulfilment of demand of dowry.

It has been submitted on behalf of the petitioners that the petitioners have got no criminal antecedent. There is no allegation of tampering of witnesses alleged against the petitioners. The

Patna High Court CR. MISC. No.37652 of 2020(2) dt.08-04-2021 2/2 petitioners have falsely been implicated in the present case. The petitioner no.1 is mother-in-law and petitioner no. 2 is father-in-law of the deceased. They are separate in mess and property from the husband of the deceased. They have got no concern with the alleged occurrence. The F.I.R. has been instituted after five days of the alleged occurrence. The delay has not been explained. On behalf of the State, it is submitted that the petitioners are named in the F.I.R.

Considering the aforesaid facts and circumstances, let the petitioners, above named, in the event of arrest/surrender before the learned court below within a period of six weeks from today, be released on anticipatory bail on furnishing bail bonds of Rs.10,000/- (Ten thousand) with two sureties of the like amount each to the satisfaction of learned Chief Judicial Magistrate, West Champaran in connection with Sathi P.S. Case No. 112/2019, subject to the conditions as laid down under Section 438(2) of the Code of Criminal Procedure.

(Sudhir Singh, J) Pankaj/- U T