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Patna High CourtCR. MISC./43801/2019bail granted

Manti Devi @ Maanti Devi @ Malti Devi v. The State Of Bihar

2019-09-25Mr. Justice Prabhat Kumar Singh2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.43801 of 2019 Arising Out of PS. Case No.-136 Year-2019 Thana- RAJAOLI District- Nawada ====================================================== 1.

Manti Devi @ Maanti Devi @ Malti Devi Wife of Late Om Prakash Saw Resident of Village - Nichli Bazar, P.S.- Rajauli, Distt - Nawada. 2.

Sanju Devi Wife of Mantu Saw Resident of Village - Nichli Bazar, P.S.- Rajauli, Distt - Nawada.

... ... Petitioners

Versus

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

For the Petitioners :

Mrs. Kiran Sinha, Advocate For the Opposite Party :

Mr.Mohammed Arif, Addl Public Prosecutor For the informant : Mr. Niraj Kumar, Advocate ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH ORAL ORDER 25-09-2019 Heard learned counsel for the parties and perused the case diary.

Petitioners, mother-in-law and sister-in-law (gotini) of the deceased respectively, are accused in a case registered for the offence punishable under sections 304B/34 of the Indian Penal Code.

It is alleged that the petitioners and other accused persons subjected the informant's sister to cruelty and committed her murder by hanging on account of non-fulfilment of dowry demand.

Learned counsel for the petitioners submits thast there is general and omnibus allegation against the petitioners, who have no concern with the affairs of the victim as the victim was residing at Barhi in Jharkhand with her husband and children. Petitioners are in custody since 24.4.2019.

Patna High Court CR. MISC. No.43801 of 2019(3) dt.25-09-2019 2/2 Learned counsel for the informant vehemently opposes the prayer for bail submitting that even the husband of the deceased has not surrendered in the case. In view of the facts and circumstances of the case, prayer for bail of the petitioners is allowed. Let both the petitioners, mentioned above, be released on bail on furnishing bail bond of Rs.10,000/- (ten thousand) each with two sureties of the like amount each to the satisfaction of the Chief Judicial Magistrate, Nawada in Rajauli Police Station Case No. 136 of 2019 on the following conditions:-

(1) Petitioners shall co-operate in the trial and shall be properly represented on each and every date fixed by the Court and shall remain physically present as directed by the Court and his absence on two consecutive dates without sufficient reason, their bail bonds shall be cancelled by the Court below.

(2) If the petitioners tempers with the evidence or the witnesses, in that case the prosecution will be at liberty to move for cancellation of bail.

(Prabhat Kumar Singh, J) Shashi U T