Kiran Devi And ORS v. The State Of Bihar

Patna High Court Cr.Misc. No.48891 of 2014 (2) dt.23-04-2015

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.48891 of 2014 Arising Out of PS.Case No. -495 Year- 2013 Thana -FORBESGANJ District- ARRARIA ======================================================

1. Kiran Devi W/o Suresh Chaturvedi

2. Sunil Chaturbedi S/o Rampreet Chaturvedi

3. Shashi Chaturbedi @ Shshi Kr. Chaturbedi Son of Suresh Chaturvedi All resident of Village : Lahasaganj, Police Station : Simraha, District : Araria............................................. .... Petitioners

Versus

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

For the Petitioner/s : Mr. Sanjay Kumar Sharma For the Opposite Party/s : Mr. Ahmad Ali(App) ====================================================== CORAM: HONOURABLE MR. JUSTICE JITENDRA MOHAN SHARMA ORAL ORDER 23-04-2015 Heard learned counsel for the petitioners and learned counsel representing the State.

Petitioners apprehend their arrest in connection with Forbesganj (Simraha) P.S. Case No. 495 of 2013 registered for the offences punishable under Sections 302, 201 of the Indian Penal Code.

The sister of the informant was married with Anil Chaturbedi about 13 years ago and out of the wedlock 2 children have been born and due to non-fulfillment of demand of dowry sister of the informant was killed and her dead body was burnt. Submission is of false implication and that the petitioner no. 1 is Gotini, petitioner no. 2 is Bhaisur and petitioner no. 3 is nephew and they are living separately since long having

Patna High Court Cr.Misc. No.48891 of 2014 (2) dt.23-04-2015 no concern with the family affairs of deceased and her husband. There is no specific allegation against the petitioners, the husband of the deceased is already in custody and other co-accused have been allowed bail by different Benches of this Court, and as such, they deserve sympathetic consideration to which the learned APP opposes.

Considering the submissions that the petitioners are living separately, the petitioners above named, in case of their surrender or arrest within two months from the date of receipt/production of a copy of this order, shall be released on bail on execution of bail bonds of Rs. 10,000/- (ten thousand) each with two sureties of the like amount each to the satisfaction of the learned Chief Judicial Magistrate, Araria in connection with Forbesganj P.S. Case No. 495 of 2013, subject to the conditions as laid down under Section 438 (2) of the Cr.P.C. (Jitendra Mohan Sharma, J) avin/- U T