Kanti Devi v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.4884 of 2021 Arising Out of PS. Case No.-112 Year-2020 Thana- PIRO District- Bhojpur ====================================================== 1.

KANTI DEVI Wife of Ramakant Choudhary Resident of Village - Chatarbhujee Broni, P.S.- Piro, District - Bhojpur 2.

Ramakant Choudhary Son of Shivnath Choudhary Resident of Village - Chatarbhujee Broni, P.S.- Piro, District - Bhojpur ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Kalyan Shankar For the Opposite Party/s :

Mr.A.G.

====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH ORAL ORDER 25-03-2021 Heard both parties.

The petitioners seek bail in Piro P.S. Case No. 112 of 2020, registered for the offence punishable under Sections 304B, 120B and 201 of the Indian Penal Code.

As per the prosecution case, Anju Kumari niece of the informant was married with co-accused Arjun Choudhary on 14.02.2020. After marriage, petitioners along with other coaccused used to torture Anju for dowry. On 09.05.2020 at 5.40 am the informant got information on mobile from his brother Rambadan Choudhary (father of Anju Kumari) that from sasural of his daughter it has been informed that his daughter died due to stomach pain. Thereafter, informant went at her sasural where

Patna High Court CR. MISC. No.4884 of 2021(2) dt.25-03-2021 2/3 he came to know from the villagers that his niece has been done to death by the accused persons including the petitioners due to non-fulfillment of demand of dowry and cremated her dead body.

It is submitted on behalf of the petitioners that petitioner no. 1 is cousin mother-in-law and petitioner no. 2 is cousin father-in-law of the deceased and they are living separately and have no concern with the family affairs of the deceased and her husband. There is general and omnibus allegation. Petitioners are in custody since 28.07.2020 having no criminal antecedent, as stated in para 3 of the petition. Chargesheet has already been submitted.

Considering the facts and circumstances of the case and the fact that petitioners are cousin mother-in-law and cousin father-in-law of the deceased and there is general and omnibus allegation, the petitioners above-named, are directed to be enlarged 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 learned Chief Judicial Magistrate, Bhojpur at Ara in connection with Piro P.S. Case No. 112 of 2020, subject to following conditions:- (i) The petitioners shall co-operate in the trial and

Patna High Court CR. MISC. No.4884 of 2021(2) dt.25-03-2021 3/3 shall be properly represented on each and every date fixed by the court and shall remain physically present as directed by the Court and in the event of failure on two consecutive dates without sufficient reasons, their bail bonds shall be liable to be cancelled by the court below.

(ii) If the 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. (Prabhat Kumar Singh, J) vinita/- U T