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Patna High CourtCR. MISC./15897/2017bail granted

Prithvi Chand Patwa @ Prithvi Chand Prasad Patwa And ORS v. State Of Bihar And ANR

2017-08-25Mr. Justice Sudhir Singh2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.15897 of 2017 Arising Out of PS.Case No. -136 Year- 2003 Thana -ROHTAS COMPLAINT CASE DistrictSASARAM (ROHTAS) ====================================================== 1.Prithvi Chand Patwa @ Prithvi Chand Prasad Patwa son of Late Dharm Nath Patwa (father-in-law)

2. Nirmla Devi Wife of Prithvi Chand Patwa @ Prithvi Chand Prasad Patwa (mother-in-law)

3. Gudia Devi D/o Prithvi Chand Patwa @ Prithvi Chand Prasad Patwa (Nanad), all are resident of Mohalla-Dahiyawa Braham Toli, P.S. Chapra Town, District-Saran at Chapra .... .... Petitioners

Versus

1. State of Bihar

2. Sri Ram Patwa son of Late Moti Lal Patwa, resident of Mohalla-Sonar Toli, Sasaram, P.S. Sasaram Town, District-Rohtas at Sasaram .... .... Opposite Parties ====================================================== Appearance :

For the Petitioner/s : Mr. Ram Binod Singh For the Opposite Party/s : Mr.Awadhesh Kumar Singh ====================================================== CORAM: HONOURABLE MR. JUSTICE SUDHIR SINGH ORAL ORDER 25-08-2017 Heard learned counsel for the petitioners and learned counsel appearing on behalf of the State.

The petitioners are apprehending their arrest in connection with Complaint Case No. 136 of 2003 (U. Tr. No.45/2016) for the offences instituted under Sections 304(B), 498(A) of the Indian Penal Code and 3⁄4 of D.P. Act. The allegation against the petitioners is of committing murder of the deceased due to non-fulfillment of the demand of dowry.

It has been submitted on behalf of the petitioners that the petitioners have got no criminal antecedent. There is no allegation of tampering of witnesses alleged against the

Patna High Court Cr.Misc. No.15897 of 2017 (3) dt.25-08-2017 2/2 petitioners. The petitioners have falsely been implicated in the present case. The petitioner no.1 is father-in-law of the deceased, petitioner no.2 is mother-in-law of the deceased and petitioner no.3 is Nanad of the deceased. They are separate in mess and property from the husband of the victim. Petitioners no.2 and 3 are ladies.

On behalf of the State, it has been submitted that the petitioners are named in the Complaint case.

Considering the aforesaid facts and circumstances, let the petitioners above named be released on anticipatory bail in the event of their arrest or surrender before the learned court below within a period of six weeks from today in connection with Complaint Case No. 136 of 2003 (U. Tr. No.45/2016) on furnishing bail bonds of Rs. 10,000/-(Ten Thousand) each with two sureties of the like amount each to the satisfaction of learned S.D.J.M., Chapra, subject to the conditions as laid down under Section 438(2) of the Code of Criminal Procedure. (Sudhir Singh, J) Amit/- U T