Dharamshila Devi v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.52016 of 2021 Arising Out of PS. Case No.-16 Year-2021 Thana- PUNAURA District- Sitamarhi ====================================================== 1.

DHARAMSHILA DEVI W/o Gagan Sahani @ Gagan Dev Sahani Resident of Village- Talkhapur, P.S.- Punaura, Distt- Sitamarhi. 2.

BABY DEVI W/o- ANJAN SAHANI Resident of Village- Talkhapur, P.S.- Punaura, Distt- Sitamarhi.

3.

ANJAN SAHANI S/o- GAGAN SAHANI Resident of Village- Talkhapur, P.S.- Punaura, Distt- Sitamarhi.

... ... Petitioner/s

Versus

THE STATE OF BIHAR ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Ashhar Mustafa For the Opposite Party/s :

Mr.Amitesh Kumar ====================================================== CORAM: HONOURABLE MR. JUSTICE SUDHIR SINGH ORAL ORDER 01-11-2021 Heard learned counsel for the petitioners and learned APP for the State.

Learned counsel for the petitioners is directed to remove the defect(s), as pointed out by the office, within a period of eight weeks.

The petitioners are apprehending their arrest in Punaura P.S. Case No. 16 of 2021 registered under Section 304B/34 of the Indian Penal Code.

Allegation against the petitioners is of committing torture and causing death of the victim due to non-fulfillment of demand of dowry.

It has been submitted on behalf of the petitioners that the

Patna High Court CR. MISC. No.52016 of 2021(2) dt.01-11-2021 2/2 petitioners have got no criminal antecedent. There is no allegation of tampering of witnesses alleged against the petitioners. The petitioner Nos. 1, 2 & 3 are mother-in-law, sister-in-law and brother-in-law of the deceased respectively. They are separate in mess and property from husband of the deceased. They have got no concern with the alleged occurrence. The husband of the deceased is in custody. A petition (Annexure-2) has been filed by the informant in the court below where he has retracted from his earlier statement made in the FIR.

On behalf of the State, it is submitted that the petitioners are named in the Complaint Case/F.I.R.

Considering the aforesaid facts and circumstances of the case, the petitioners, above named, in the event of arrest or surrender before the learned court below within a period of twelve weeks from today, be released on anticipatory bail 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, Sitamarhi in connection with Punaura P.S. Case No. 16 of 2021 subject to the conditions as laid down under Section 438(2) of the Code of Criminal Procedure.

(Sudhir Singh, J) A.K.V.//- U T