Subhago Devi And ANR v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Miscellaneous No.32571 of 2017 Arising Out of PS.Case No. -179 Year- 2016 Thana -BARHARA District- BHOJPUR ======================================================
1. Subhago Devi, W/o Ashok Sah,
2. Ashok Sah Son of Late Raghunath Sah, Both Resident of VillageNathmalpur, P.S.- Barhara, District- Bhojpur. .... .... Petitioner/s
Versus
1. The State of Bihar .... .... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s : Mr. Kalyan Shankar For the Opposite Party/s : Mr. Aditya Narayan Singh 1 ====================================================== CORAM: HONOURABLE MR. JUSTICE MOHIT KUMAR SHAH ORAL ORDER 13-07-2017 Heard learned counsel for the petitioners.
Petitioners apprehend their arrest in connection with Barahara P.S. Case No. 179 of 2016, registered for the offences punishable under Sections 498 (A), 307/34 of the Indian Penal Code and under Section 3/4 of Dowry Prohibition Act, subsequently under Section 302 of the I.P.C.
The case of the prosecution is that the accused persons had sprinkled kerosene oil on the deceased sister of the informant and set her on fire, resulting in her death. It is further alleged that the sister of the informant was set on the fire on account of nonfulfillment of the demand of dowry. Learned counsel for the petitioners submits that the petitioners are mother-in-law and father-in-law of the deceased
Patna High Court Cr.Misc. No.32571 of 2017 (2) dt.13-07-2017 2/2 and have a clean antecedent. It is further submitted that it has come to light during the investigation of the case that the deceased had died not on account of being set on fire but on account of getting burnt, while she was cooking food. It is further submitted by the learned counsel for the petitioners that the brother-in-law, who is similarly situated, has been granted bail by a Bench of this Court vide order dated 13.02.2017 passed in Cr. Misc. No. 49886 of 2016.
Having regard to the facts and circumstances of the case, I deem it fit and appropriate to grant anticipatory bail to the petitioners.
Accordingly, let the abovenamed petitioners, in the even of their arrest or surrender in the Court below within a period of four weeks from today, be enlarged on bail on furnishing bail bonds of Rs. 10,000/- (Rs. Ten thousand) each with two sureties of the like amount each to the satisfaction of the learned C.J.M, Bhojpur at Ara, in connection with Barahara P.S. Case No. 179 of 2016 subject to the conditions enumerated under Section 438 (2) of Code of Criminal Procedure.
(Mohit Kumar Shah, J) khushbu/- U T