Kaushalya Devi @ Kaliya Devi v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.5145 of 2021 Arising Out of PS. Case No.-19 Year-2020 Thana- CHANDAN District- Banka ====================================================== 1.

KAUSHALYA DEVI @ KALIYA DEVI Wife of Mantal Yadav Resident of Village- Kasai, P.S.- Chandan, District- Banka. 2.

Bina Kumari @ Mina Devi Wife of Santu Yadav @ Santosh Yadav Resident of Village- Kasai, P.S.- Chandan, District- Banka. 3.

Santu Yadav @ Santosh Yadav Son of Mantal Yadav Resident of VillageKasai, P.S.- Chandan, District- Banka. 4.

Dinesh Yadav Son of Mantal Yadav Resident of Village- Kasai, P.S.- Chandan, District- Banka.

5.

Kundan Kumar Son of Santu Yadav @ Santosh Yadav Resident of VillageKasai, P.S.- Chandan, District- Banka. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Praveen Kumar For the Opposite Party/s :

Mr.A.G.

====================================================== CORAM: HONOURABLE MR. JUSTICE SUDHIR SINGH ORAL ORDER 23-06-2021 Heard learned counsel for the petitioners and learned APP for the State through virtual mode.

Learned counsel for the petitioners is directed to remove the defects, as pointed out by the Office, within a period of four weeks from the date of restoration of normalcy. The petitioners are apprehending their arrest in a case registered under Sections 304(B), 201 and 34 of the Indian Penal Code.

Allegation against the accused persons is of

Patna High Court CR. MISC. No.5145 of 2021(2) dt.23-06-2021 2/3 committing torture and assault and thereafter caused death of the victim due to non-fulfilment of 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 petitioners. The petitioners have falsely been implicated in the present case. The petitioner no. 1 is mother-in-law, petitioner no. 2 is gotni, petitioner nos. 3 and 4 are brothers-in-law and petitioner no. 5 is nephew of the husband of the deceased. They are separate in mess and property from the husband of the deceased. They have got no concern with the alleged occurrence. The husband of the deceased is in custody. On behalf of the State, it is submitted that the petitioners are named in the F.I.R.

Considering the aforesaid facts and circumstances and also the lockdown, the petitioners, above named, in the event of arrest/surrender before the learned court below within a period of twelve weeks from today, be released on anticipatory bail on their personal bonds to the satisfaction of learned Chief Judicial Magistrate, Banka in connection with Chandan P.S. Case No. 19 of 2020, subject to the conditions as laid down under Section 438(2) of the Code of Criminal Procedure.

Patna High Court CR. MISC. No.5145 of 2021(2) dt.23-06-2021 3/3 Once the normalcy is restored, the petitioners shall furnish bail bonds of Rs. 10,000/- (Rupees ten thousand) with two sureties of the like amount each within a period of eight weeks to the satisfaction of the Court concerned in connection with the aforesaid case.

(Sudhir Singh, J) Pankaj/- U T