Nagendra Sah And ORS v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.38363 of 2017 Arising Out of PS.Case No. -152 Year- 2016 Thana -JOGAPATTI DistrictWESTCHAMPARAN(BETTIAH) ======================================================

1. Nagendra Sah, son of Kanhi Sah,

2. Kiran Kumari, Daughter of Sant Sah @ Bigu Sah,

3. Kedali Devi, wife of Kamal Sah,

4. Raj Kumar Sah, son of Late Sant Sah @ Bigu Sah, All are residents of Village- Machhargawan, Police Station- Jogapatty, District- West Champaran.

.... .... Petitioner/s

Versus

1. The State of Bihar.

.... .... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s : Mr. Brij Kishor Mishra For the Opposite Party/s : Mr. Sri Upendra Kumar ====================================================== CORAM: HONOURABLE MR. JUSTICE VINOD KUMAR SINHA ORAL ORDER 19-08-2017 The petitioners are apprehending their arrest in connection with Jogapatti P.S. Case No. 152 of 2016, registered for offences punishable under Sections 304(B), 201/34 of Indian Penal Code.

Allegation against the petitioners is of causing dowry death of the deceased.

It has been submitted on behalf of the petitioners that petitioners nos. 1 and 3 are not connected with the deceased as they are outsiders and though petition no. 2 is sister in law (nanad) and petitioner no. 4 is brother in law (devar), however, no specific allegation has been made against any on the petitioners and only

general and omnibus allegation has been made Heard learned A.P.P. also.

Having heard both sides, in view of the above facts, let the petitioners above named, in the event of their arrest or surrender before the court below within a period of six weeks from the date of receipt/production of a copy of this order, be enlarged on bail on furnishing bond of Rs. 25,000 (Rs. Twenty Five Thousand) each with two sureties of the like amount each to the satisfaction of learned ACJM -II, Bettiah, West Champaran, in connection with Jogapatti P.S. Case No. 152 of 2016, subject to the conditions as laid down under Section 438(2) of the Cr.P.C, this is further subject to the condition that:- (i) One of the bailors of the petitioners shall be a local person having sufficient immovable property within the jurisdiction of the concerned Court.

(ii) The petitioners shall cooperate in the investigation and make themselves available as and when required by the police and on the event of failure on their part to appear before the police on two consecutive dates without showing any genuine reasons, the

prosecution will free to move for cancellation of their bail bonds.

(Vinod Kumar Sinha, J) sunil/- U T