Vidyawati Devi v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.1299 of 2021 Arising Out of PS. Case No.-269 Year-2019 Thana- MAIRWAN District- Siwan ====================================================== 1.
VIDYAWATI DEVI, WIFE OF SHAMBHU CHAUHAN RESIDENT OF VILLAGE-VISHUNAPURA, POLICE STATION-MAIRWA, DISTRICTSIWAN. 2.
SHAMBHU CHAUHAN, SON OF BARAMDEV CHAUHAN @ BRAMDEV MAHTO RESIDENT OF VILLAGE-VISHUNAPURA, POLICE STATION-MAIRWA, DISTRICT-SIWAN.
3.
DILIP CHAUHAN, SON OF SHAMBHU CHAUHAN RESIDENT OF VILLAGE-VISHUNAPURA, POLICE STATION-MAIRWA, DISTRICTSIWAN. 4.
BAJRANGI CHAUHAN @ BAJRANGI KUMAR CHAUHAN, SON OF SHAMBHU CHAUHAN RESIDENT OF VILLAGE-VISHUNAPURA, POLICE STATION-MAIRWA, DISTRICT-SIWAN.
... ... Petitioner/s
Versus
THE STATE OF BIHAR ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr.Bijay Prakash Singh For the Opposite Party/s :
Mr.APP ====================================================== CORAM: HONOURABLE MR. JUSTICE ASHUTOSH KUMAR ORAL ORDER 21-08-2021 Heard Mr. Rakesh Mohan Singh, the learned counsel for the petitioners and Mr. Mohammed Arif, learned APP for the State.
The petitioners seek bail in anticipation of their arrest in connection with Mairwa P. S. Case No. 269 of 2019, dated 14.10.2019, instituted for the offences under Sections 304 (B) and 34 of the Indian Penal
Patna High Court CR. MISC. No.1299 of 2021(3) dt.21-08-2021 2/3 Code.
The petitioner nos. 1 and 2 are the parents-inlaw of the deceased whereas the petitioner nos. 3 and 4 are the brothers-in-law of the deceased.
It has been alleged in the F.I.R. that because of non-fulfillment of dowry demand, the deceased was done to death.
The learned advocate for the petitioners has submitted that an absolutely false case has been instituted against them.
The deceased and her husband used to live separately in mess and business from the petitioners and they had no control over the affairs of their lives. The husband of the deceased has surrendered to the process of law on 16th of August, 2021 and since then, he is in custody.
The accusation against the petitioners is vague, general and omnibus.
Regard being had to the afore-stated facts, the
Patna High Court CR. MISC. No.1299 of 2021(3) dt.21-08-2021 3/3 petitioners, above-named, are directed to be released on bail, in the event of their arrest or surrender before the court below within a period of eight weeks from the date of receipt / production of a copy of this order, on their furnishing bail bonds in the sum of Rs. 10,000 /- (Ten Thousand) each with two sureties of the like amount each to the satisfaction of the learned Sri R. S. Pandey, the learned Judicial Magistrate, 1st Class, Siwan, in connection with Mairwa P. S. Case No. 269 of 2019, subject to the conditions as laid down under Section 438
(2) Cr.P.C.
The application stands allowed.
(Ashutosh Kumar, J) skm/- U T