Deokali Devi And ANR v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Miscellaneous No.43263 of 2018 Arising Out of PS.Case No. -184 Year- 2017 Thana -FATUHA District- PATNA ======================================================
1. Deokali Devi, Wife of late Ram Swaroop Paswan
2. Rubi Devi, Wife of Sri Kant Paswan Both Resident of Village- Khaspar, P.S. Fatuha, District- Patna. .... .... Petitioner/s
Versus
The State of Bihar .... .... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s : Mr. Manoj Kumar Sinha, Advocate. For the Opposite Party/s : Mr. Prem Kumar Jha, A.P.P. ====================================================== CORAM: HONOURABLE MR. JUSTICE SANJAY PRIYA ORAL ORDER 07-08-2018 Heard learned counsel for the petitioners and the State.
The petitioners apprehend their arrest in Fatuha P.S. Case No. 184 of 2017 instituted for the offence under Sections 304B and 201/34 of the Indian Penal Code.
In the written report it is alleged that one dead body of lady was found near Punpun river. The dead body was cut from upper portion and was lying near Railway crossing. The informant has alleged that he had married his daughter (since deceased) with Dhananjay Kumar. She was tortured in her Sasural for demand of dowry. He got information on 26.5.2017 from his son-in-law that his daughter had run away from the house. He found his daughter not present when he went to her sasural. He also found that all the
Patna High Court Cr.Misc. No.43263 of 2018 (3) dt.07-08-2018 2/3 family members were absconding. The informant recovered the dead body of his daughter in the morning from Railway track near Punpun river.
Counsel for the petitioners submits that petitioners are maternal grand-mother and Mousi of husband of the deceased. He further submits that husband of the deceased is already in custody. From the written report itself it appears that there is no allegation of any specific overt act against petitioners. Considering the facts and circumstances of the case, prayer for anticipatory bail of the petitioners is allowed. In the event of surrender/arrest of the petitioners, named above, within six weeks from today, in connection with Fatuha P.S. Case No. 184 of 2017, they shall be released on anticipatory bail on furnishing bail bond of Rs.10,000/- (Ten thousand) each with two sureties of the like amount each to the satisfaction of Smt. Sunita Rani, learned Judicial Magistrate, Patna City, subject to the conditions as laid down under Section 438 (2) Cr. P.C. with further conditions (1) bailors should be local having sufficient immovable property within the jurisdiction of the court concerned,
(2) petitioners shall cooperate in the trial and shall be present on each and every date fixed by the court and their absence on two consecutive dates without proper and reasonable reason will be
Patna High Court Cr.Misc. No.43263 of 2018 (3) dt.07-08-2018 3/3 liable to cancel their bail bond and (3) if petitioners tamper with the evidence or the witnesses of the case, in that case, prosecution will be at liberty to move for cancellation of bail of the petitioners. (Sanjay Priya, J) S.Ali/- U T