Samauti Devi @ Samrawati Devi And ANR v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Miscellaneous No.31940 of 2018 Arising Out of PS.Case No. -228 Year- 2017 Thana -BHELDI District- SARAN ======================================================
1. Samauti Devi @ Samrawati Devi wife of Shri Bhagwan Rai
2. Shree Bhagwan Rai son of Brahmdeo Rai Both are residents of Village - Kharidaha, P.S. - Bheldi, District - Saran.
.... .... Petitioner/s
Versus
1. The State of Bihar .... .... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s : Mr. Dr. Rajesh Kumar Singh For the Opposite Party/s : Mr. Anil Kumar ====================================================== CORAM: HONOURABLE MR. JUSTICE VINOD KUMAR SINHA ORAL ORDER 17-09-2018 The petitioners are apprehending their arrest in connection with Bheldi P.S. Case No. 228 of 2017, registered for offences punishable under Sections 304(B)/34 of the Indian Penal Code.
Allegation against the petitioners, who happens to be father-in-law and mother-in-law of the deceased and allegatio is of causing dowry death of the deceased.
Submission of learned counsel for the petitioners is that there is general allegation against the petitioners and further para nos. 13, 14 and 17 of the supplementary case diary shows that she died due to hanging and thereafter her dead-body was brought out by breaking the door.
Heard learned A.P.P. as well as learned counsel for the
Patna High Court Cr.Misc. No.31940 of 2018 (6) dt.17-09-2018 2/3 informant, they have opposed the prayer for anticipatory bail of the petitioners by stating that one day prior there was an allegation of torture and thereafter on the next day, the dead-body was found. Having heard both sides, in view of the above facts and also the fact that petitioners are in laws of the deceased and no specific allegation has been levelled against them, as such, let the petitioners above named, in the event of their arrest or surrender before the court below within a period of six weeks from the date of receipt/production of a copy of this order, be enlarged on bail on furnishing bond of Rs. 25,000 (Rs. Twenty Five Thousand) each with two sureties of the like amount each to the satisfaction of learned A.C.J.
M-XII, Saran at Chapra, in connection with Bheldi P.S. Case No. 228 of 2017, subject to the conditions as laid down under Section 438(2) of the Cr.P.C, as well as subject to the following conditions, it is further subject to the condition that:- (i) One of the bailors of the petitioners shall be a local person having sufficient immovable property within the jurisdiction of the concerned Court.
(ii) The petitioners shall cooperate in the investigation and make themselves available as and when required by the police and on
Patna High Court Cr.Misc. No.31940 of 2018 (6) dt.17-09-2018 3/3 the event of failure on their part to appear before the police on two consecutive dates without showing any genuine reasons, the prosecution is free to move for cancellation of their bail bonds.
(Vinod Kumar Sinha, J) sunil/Amjad/- U T