Mala Devi And ORS v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Miscellaneous No.5685 of 2017 Arising Out of PS.Case No. -220 Year- 2016 Thana -AURANGABAD TOWN DistrictAURANGABAD ======================================================
1. Mala Devi Wife of Mathura Tiwary.
2. Mathura Tiwary Son of Late Indramani Tiwary
3. Sonjog Tiwary @ Sanjay Tiwary Son of Mathura Tiwary
4. Manoj Tiwary Son of Munna Tiwary.
5. Rinki Devi Wife of Manoj Tiwary All Resident of Mohalla- Azad Nagar, P.S.-Aurangabad District-Aurangabad .... .... Petitioner/s
Versus
1. The State of Bihar .... .... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s : Mr. Bachan Jee Ojha For the Opposite Party/s : Mr. Bharat Bhushan ====================================================== CORAM: HONOURABLE MR. JUSTICE VINOD KUMAR SINHA ORAL ORDER 03-03-2017 The petitioners are apprehending their arrest in connection with Aurangabad (Town) P.S. Case No. 220 of 2016, registered for offences punishable under Sections 304B, 201 and 34 of Indian Penal Code.
It has been submitted on behalf of the petitioners that petitioner no. 1 and 2 are mother-in-law and father-in-law of the deceased, petitioner no. 3 and 4 are brothers-in-law of the deceased and petitioner no. 5 is the wife of petitioner no. 4 and against them, only general and omnibus allegation of demand of dowry and torture has been levelled. As a matter of fact, deceased died due to diarrhea, which appears from annexure -2 of this
Patna High Court Cr.Misc. No.5685 of 2017 (3) dt.03-03-2017 2/3 application. The husband of the deceased is already in judicial custody.
Heard learned A.P.P. also.
Having heard both sides, in view of the fact that the petitioners are in-laws of the deceased and also in view of annexure -2 of the bail application, 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 CJM, Aurangabad in connection with Aurangabad (Town) P.S. Case No. 220 of 2016, subject to the conditions as laid down under Section 438(2) of the Cr.P.C.
This 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.5685 of 2017 (3) dt.03-03-2017 3/3 the event of failure on their part two appear before the police on two consecutive dates without showing any genuine reasons, the prosecution is free to move for cancellation of his bail bonds.
(Vinod Kumar Sinha, J) sunil/- U