Kishun Devi @ Gyanti Devi And ORS v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Miscellaneous No.55191 of 2016 Arising Out of PS.Case No. -159 Year- 2016 Thana -HATHUA District- GOPALGANJ ======================================================
1. Kishun Devi @ Gyanti Devi, W/o Sri Subash Tiwari,
2. Guriya Kumari, D/o Sri Subhash Tiwari,
3. Mala Devi @ Mira Devi, W/o Sri Dhananjay Tiwari,
4. Chandrabhan Tiwari, S/o Sri Subash Tiwari, All Resident of Village- Bari Essar, P.S.- Hathua, District- Gopalganj .... .... Petitioners
Versus
The State of Bihar .... .... Opposite Party ====================================================== Appearance:
For the Petitioners : Mr. Raj Kishore Prasad, Advocate Mr. Rajesh Mohan, Advocate For the Opposite Party : Smt. Gulnar Begam (APP) ====================================================== CORAM: HONOURABLE MR. JUSTICE SANJAY PRIYA ORAL ORDER 13-02-2017 Heard learned counsel for the petitioners and the State.
The petitioners apprehend their arrest in Hathua P.S. Case No. 159 of 2016 instituted for the offence under Section 302/34 of Indian Penal Code.
It is alleged that sister of the informant was married with Rajeev Tiwary in the year 2008. Rajeev Tiwary lived in foreign country. She was living in the sasural. It is alleged that she was tortured by her mother-in-law and other family members and ultimately she died of burn injury.
Learned A.P.P. has submitted that witnesses have
Patna High Court Cr.Misc. No.55191 of 2016 (3) dt.13-02-2017 2/3 supported the case of committing torture by the petitioners in paras-7,8 and 9 of the case diary. The postmortem report shows that the girl died in her sasural out of burn injury. There is specific allegation against the petitioner nos.1, 2 and 4 in the written report which also gets support from the case diary.
Therefore, this court does not find it fit case for anticipatory bail of petitioner nos. 1, 2 and 4. Accordingly, anticipatory bail petition of petitioner nos. 1, 2 and 4 is hereby rejected.
So far as allegation against the petitioner no.3 is concerned, there is no specific allegation against her. In the circumstances, prayer of petitioner no.3 for anticipatory bail is allowed.
In the event of surrender/arrest of the petitioner no.3, namely, Mala Devi @ Mira Devi, within six weeks from today in connection with Hathua P.S. Case No. 159 of 2016, G.R. No. 2638 of 2016, she shall be released on anticipatory bail on furnishing bail bond of Rs.10,000/- (Ten Thousand) with two sureties of the like amount each to the satisfaction of learned Additional Chief Judicial Magistrate-V, Gopalganj, subject to the conditions as laid down under Section 438(2) Cr.P.C. The petitioner nos. 1, 2 and 4 are directed to
Patna High Court Cr.Misc. No.55191 of 2016 (3) dt.13-02-2017 3/3 surrender before the court below within four weeks from today and seek regular bail which shall be considered and disposed of without being prejudiced by this order.
(Sanjay Priya, J.) ravi/- U T