Ram Pari Devi And ANR v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.46102 of 2017 Arising Out of PS.Case No. -41 Year- 2017 Thana -GALGALIA District- KISANGANJ ======================================================

1. Ram Pari Devi Wife of Shiv Sagar Paswan

2. Shiv Sagar Paswan Son of Late Lakhan Paswan Both resident of Village- Mochigach, P.S. Galgalia, District Kishanganj. .... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Ram Prawesh Kumar For the Opposite Party/s : Mr. Tarun Prasad Mandal ====================================================== CORAM: HONOURABLE JUSTICE SMT. NILU AGRAWAL ORAL ORDER 01-11-2017 Heard learned counsel for the petitioners and learned APP for the State.

Petitioners seek bail in connection with Galgalia P.S. Case No. 41 of 2017 for offences punishable under Sections 304-B/34 of the Indian Penal Code.

The prosecution case, as lodged by the informant, is that his daughter Usha Devi was married to one Mantu Paswan four years back and due to nonfulfillment of demand of dowry she was killed and hanged in the house by her husband and in-laws. It has been submitted by the learned counsel for the petitioners that they are mother-in-law and father-

Patna High Court Cr.Misc. No.46102 of 2017 (3) dt.01-11-2017 2/3 in-law respectively of the deceased and general and omnibus allegations have been levelled against them. He submits that the husband is already in custody, chargesheet has already been submitted and there is no allegation of tampering of the prosecution witnesses by the petitioners and petitioners are languishing in custody since 24.07.2017.

However, learned APP for the State opposes the prayer for bail.

Considering the facts and circumstances and the materials on record, let petitioners, above named, be enlarged on bail on furnishing bail bonds of Rs.10,000/- (Ten Thousand) each with two sureties of the like amount each to the satisfaction of learned Judicial Magistrate, 1st Class, Kishanganj, in connection with Galgalia P.S. Case No. 41 of 2017, subject to the following conditions : (i) Both the bailors would be a close relative of the petitioners having sufficient immovable property, who will file an affidavit stating their relationship with the petitioners.

(ii) Petitioners will appear before the learned court below during trial as and when required and

Patna High Court Cr.Misc. No.46102 of 2017 (3) dt.01-11-2017 3/3 failure to appear on two consecutive dates without assigning any reason will entail cancellation of their bail bonds.

(Nilu Agrawal, J) Rajesh/- U T