Nagina Devi v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.37776 of 2019 Arising Out of PS. Case No.-150 Year-2018 Thana- NAANPUR District- Sitamarhi ====================================================== 1.
Nagina Devi, Female, Wife of Bhola Sahani, age 50 years, Mothers-in-law. 2.
Pooja Devi, Female, aged about 22 years, Wife of Arjun Sahni, Daughter of Bhola Sahani, Nanad 3.
Vijay Sahani, aged about 34 years, Male, Son of Bhola Sahani, Bhaisur All resident of Village-Nayatol, Dhankaul, P.S.-Nanpur, District-Sitamarhi. ... ... Petitioner
Versus
The State Of Bihar ... ... Opposite Party ====================================================== Appearance :
For the Petitioners :
Dr. Krishnadeo Das, Advocate For the State :
Mr. Ganesh Prasad Singh, 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, 323, 504, 506 and 498A of the Indian Penal Code and Section 3/4 of the Dowry Prohibition Act registered in connection with Nanpur P.S. Case No. 150 of 2018.
3. It is submitted that the petitioners have been falsely implicated merely because they happen to be mother-in-law, Nanad and Bhaisur of the informant and there is general and omnibus allegation against them. The specific accusation of demand of dowry and torture is against the husband of the informant. The petitioners claim 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 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
Patna High Court CR. MISC. No.37776 of 2019(2) dt.24-06-2019 2/2 satisfaction of learned Sub-Divisional Judicial Magistrate, Pupari, Sitamarhi in connection with Nanpur P.S. Case No. 150 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 petitioner no. 3 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