Shashi Devi And ORS v. The State Of Bihar

Patna High Court Cr.Misc. No.17108 of 2017 (4) dt.01-08-2017

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.17108 of 2017 Arising Out of PS.Case No. -74 Year- 2016 Thana -PIPRAHI District- SHEOHAR ======================================================

1. Shashi Devi, Wife of Radhey Shyam Pandey.

2. Radhey Shyam Pandey, Son of Late Yugal Kishore Pandey, Resident of Village-Umed Chhapra P.S.-Shyampur, Bhathen, District-Sheohar

3. Rupesh Tiwari, Son of Late Ajay Tiwary, Resident of Village-Nunfarwa P.s.-Dhaka, District-East Champaran.

.... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Man Mohan Kumar For the Opposite Party/s : Mr. Sri Chandrasen Prasad Singh ====================================================== CORAM: HONOURABLE MR. JUSTICE RAJENDRA KUMAR MISHRA ORAL ORDER 01-08-2017 Heard learned counsel for the petitioners and the learned A.P.P. for the State.

The petitioners apprehend their arrest in connection with Piprahi P.S. Case No. 74 of 2016, registered under Sections 302, 201 and 379/34 of the Indian Penal Code. The accusation is that the informant performed the marriage of his daughter, Pinki Devi, before 14 years with Raju Pathak of Village Harpur, P.S. Piprahi, District -Shivhar and there are six children out of their wedlock. Pinki Devi, daughter of the informant, was being tortured by her husband and in-laws due to birth of five daughters and threatening was being given by Raju Pathak to perform his re-marriage with another lady. On

Patna High Court Cr.Misc. No.17108 of 2017 (4) dt.01-08-2017 14.09.2016, in the morning, he received information that his daughter, Pinki Devi, has been killed by her husband and in-laws on 12.09.2016 and her dead body has been disposed of. Learned counsel for the petitioners submits that petitioners are married sister-in-law (Nanad), brother-in-law (Nandoshi) and brother-in-law (Debar) of the deceased, daughter of the informant and they have falsely been implicated in this case due to ulterior motive. Further submission is that Raju Pathak, husband of the deceased, has confessed his guilt about committing the murder of his wife by pressing her neck.

Having regard to the facts and circumstances of the case, let the above named petitioners be released on bail, in the event of their arrest or surrender before the learned Court below within a period of six weeks from today, on furnishing bail bond of Rs. 10,000/- (ten thousand) each with two sureties of the like amount each to the satisfaction of the Sessions Judge, Sheohar, in connection with Piprahi P.S. Case No. 74 of 2016 (S. Tr. No. 01 of 2017), subject to the condition as laid down under Section 438(2) of the Cr.P.C.

(Rajendra Kumar Mishra, J) Bhardwaj/- U T