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Patna High CourtCR. MISC./16949/2018bail granted

Birajman Devi @ Veerajman Devi @ Veerajaml Devi And ANR. v. The State Of Bihar

2018-05-18Mr. Justice Vinod Kumar Sinha2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.16949 of 2018 Arising Out of PS.Case No. -325 Year- 2017 Thana -SAKRA District- MUZAFFARPUR ======================================================

1. BIRAJMAN DEVI @ VEERAJMAN DEVI @ VEERAJAML DEVI, W/o Late Satyanarayan Mahto.

2. Gaurishankar Kumar, S/o Late Satyanarayan Mahto, Both resident of Village- Majhaulia, P.S.- Sakara, District- Muzaffarpur. .... .... Petitioner/s

Versus

1. The State of Bihar.

.... .... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s : Mr. Prem Prakash Poddar For the Opposite Party/s : Mr. Sri Ramchandra Sahani ====================================================== CORAM: HONOURABLE MR. JUSTICE VINOD KUMAR SINHA ORAL ORDER 18-05-2018 Heard the parties.

The petitioners are apprehending their arrest in connection with Sakara P.S.Case no.325 of 2017 , registered for offences punishable under Sections 304(B)/34 of the Indian Penal Code. Allegation against the petitioners, who happen to be motherin-law and Dewar respectively. The case is of dowry death. Submission of the learned counsel for the petitioners is that no specific allegation has been attributed and she died due to diarrhea and now compromise has also been made between the parties.

Heard learned A.P.P. also.

Having heard both sides and in view of the facts and

Patna High Court Cr.Misc. No.16949 of 2018 (3) dt.18-05-2018 2/2 circumstances, as stated above , let the petitioners, above named, in the event of arrest or surrender before the court below within a period of six weeks from the date of order, be released on bail on furnishing bail bond of Rs.25,000/- (Twenty Five Thousand) each with two sureties of the like amount each to the satisfaction of the learned Additional Sessions Judge 13th, Muzaffarpur in connection with Sakara P.S.Case No.325 of 2017 bearing G.R.No.4003 of 2017, subject to condition as laid down under Section 438 (2) of the Code of Criminal Procedure.

With following conditions :

(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 will not induce any witness or tamper with the evidence.

(iii) The petitioners shall co-operate in the investigation of the case and make themselves available as and when required by the Police, otherwise, the prosecution is free to move for cancellation of their bail bond. With the aforesaid observation, this application is allowed. (Vinod Kumar Sinha, J) chn/- U T