Sushil Das And ORS v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.15095 of 2018 Arising Out of PS.Case No. -506 Year- 2017 Thana -AMARPUR District- BANKA ======================================================

1. Sushil Das, Son of Late Maghu Das,

2. Sonu Das @ Sony Das,

3. Sardar Das,

4. Gulsan Das @ Gulphan Das,

5. Akshay Das, All sons are Sushil Das,

6. Sulochna Devi, Wife of Sushil Das, null

7. Kabita Devi, Daughter os Sushil Das,

8. Nilam Devi, Daughter of Sushil Das, All resident of Village- Harijan Tola, Taiya Pahar Fullidumar, P.S.- Amarpur/Fullidumar, District- Banka. .... .... Petitioners

Versus

The State of Bihar.

.... .... Opposite Party ====================================================== Appearance :

For the Petitioner/s : Mr. Shyama Nand Thakur For the Opposite Party/s : Smt. Nirmala Kumari ====================================================== CORAM: HONOURABLE MR. JUSTICE VINOD KUMAR SINHA ORAL ORDER 09-05-2018 Heard learned counsel for the petitioners.

Petitioners apprehend their arrest in connection with Amarpur/Fullidumer P.S. Case No. 506 of 2017, registered for the offences punishable under Sections 304B and 34 of the Indian Penal Code.

Allegation against the petitioners is of dowry death. Petitioner No.2 happens to be husband and others are in-laws of the deceased.

Submission of learned counsel for the petitioners is that falsity of the prosecution case will appear from the fact that in this case inquest report was prepared on 7.10.2017, whereas FIR was lodged on 12.10.2017. It is also submitted that she was taken to hospital by the petitioners and in course of treatment she died.

Patna High Court Cr.Misc. No.15095 of 2018 (3) dt.09-05-2018 2/2 Heard learned APP, who has opposed the prayer for anticipatory bail of the petitioners stating that there is allegation of demand and torture against the petitioners and shed died in abnormal circumstances.

Having heard both sides and in the facts and circumstances, let the petitioners, above named, in the event of their arrest or surrender, on bail on furnishing bail bonds of Rs. 25,000/- (Rupees twenty five thousand) each with two sureties of the like amount each to the satisfaction of the Chief Judicial Magistrate, Banka, in connection with Amarpur/Fullidumer P.S. Case No. 506 of 2017, subject to the conditions as laid down under Section 438 (2) of the Code of Criminal Procedure and further condition is that one of the bailors shall be a local person having sufficient immovable properties within the jurisdiction of court concerned.

(Vinod Kumar Sinha, J) spal/- U