Amriti Devi @ Amirti Devi v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.40511 of 2023 Arising Out of PS. Case No.-86 Year-2022 Thana- LADANIA District- Madhubani ====================================================== 1.

Amriti Devi @ Amirti Devi W/O Sagam Ram @ Sagam Lal Rai @ Sagam Mahra R/O Village- Jogiya, Ps. Ladaniyan, Dist. Madhubani 2.

Sagam Ram @ Sagam Lal Rai @ Sagam Mahra S/O Late Kailu Mahra R/O Village- Jogiya, Ps. Ladaniyan, Dist. Madhubani ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Baidya Nath Thakur, Advocate For the Opposite Party/s :

Mr. Ashok Kumar Singh, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RAJIV ROY ORAL ORDER 28-07-2023 Heard learned counsel for the petitioners and the State.

The petitioners are apprehending their arrest in connection with Ladaniya P.S. Case No. 86 of 2022 for the offence under Sections 304-B, 302, 201 and 34 of the Indian Penal Code lodged on 03.04.2022 by the informant, Ravindra Ram.

As per the prosecution story, the informant's daughter was married to Pappu Ram in 2020 and in 2022. Two years later, an information came that she has been killed. Accordingly, the F.I.R.

It is the submission of the learned counsel for the

Patna High Court CR. MISC. No.40511 of 2023(2) dt.28-07-2023 2/3 petitioners that the husband, Pappu Ram is in custody since 13.08.2022 (as stated in paragraph 12 of the petition). Further, there was very cordial relation between the husband and wife and she died natural death due to dehydration but they have been implicated.

The last submission is that they were living separately and are old aged.

Learned APP opposes the prayer stating that it is the case of the dowry death.

Considering the submissions put forward by the learned counsel for the petitioners as also that they are more than seventy years of age, do not have criminal antecedent and the husband is in custody, this Court is inclined to extend them the privilege of anticipatory bail with conditions. Let the petitioners be released on bail, in the event of his arrest or surrender before the subordinate court within a period of four weeks from the receipt of this order, on furnishing bail bond of Rs. 10,000/- (Ten Thousand) each with two sureties of the like amount each to the satisfaction of learned Chief Judicial Magistrate, Madhubani , in connection with Ladaniyan P.S. Case No.86 of 2022 subject to the conditions as laid down under Section 438(2) of the Cr.P.C. subject to the following

Patna High Court CR. MISC. No.40511 of 2023(2) dt.28-07-2023 3/3 conditions:

(i) one of the bailor should be the family member of the petitioner who shall provide official document to show his/her bona fide;

(ii) the petitioners shall appear on each and every date before the Trial Court and failure to do so for two consecutive dates without plausible reason will entail cancellation of their bail bond by the Trial Court itself;

(iii) the petitioners shall in no way try to induce or promise or threat the witnesses or tamper with the evidences, failing which the State shall be at liberty to take steps for cancellation of the bail bonds;

(iv) the petitioners shall desist from committing any criminal offence again, failing which the State shall be at liberty to take steps for cancellation of their bail bonds. With the aforesaid observations, the anticipatory bail application is allowed.

(Rajiv Roy, J) kiran/- U T