Sharda Devi @ Shardha Devi And ORS v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.5232 of 2018 Arising Out of PS. Case No.-71 Year-2017 Thana- DINARA District- Rohtas ====================================================== 1.SHARDA DEVI @ SHARDHA DEVI WIFE OF RAKESH GIRI. 2.BALKESHWARI DEVI @ BALKESHARI DEVI, WIFE OF SRI AWADH BIHARI GIRI.

3.AWADH BIHARI GIRI, SON OF LATE RAGHUBANSHI GIRI. 4.RAKESH GIRI SON OF SRI AWADH BIHARI GIRI.

5.MUKESH GIRI SON OF SIR AWADH BIHAR GIRI.

ALL RESIDENTS OF SARNA MATHIYA, P.S. DINARA, DISTRICT ROHTAS.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Arvind Kumar Mouar For the Opposite Party/s :

Mr. SRI MUKESHWAR DAYAL ====================================================== CORAM: HONOURABLE MR. JUSTICE S. KUMAR ORAL ORDER 27-02-2018 Heard learned counsel for the petitioner and learned counsel for the State.

The petitioners seek bail in connection with Sessions Trial No. 267 of 2017 arising out of Dinara P.S. Case No. 71 of 2017 registered for the offence punishable under Section 304B, 201 and 34 of the Indian Penal Code and Section 3/4 of the Dowry Prohibition Act.

Informant is the father of deceased, who in the FIR has

Patna High Court Cr.Misc. No.5232 of 2018(3) dt.27-02-2018 2/3 stated that the marriage of his daughter was solemnized with Baliraj Giri in the year 2014, and thereafter she was being tortured for non fulfillment of demand of dowry. He had conversation with his daughter at 9:00 am on 15.03.2017 and it is stated that on the same day, she was killed by her in-laws and without informing the parent of the deceased, she was cremated on the same day.

It has been submitted by learned counsel for the petitioners that the petitioners are in laws, petitioner no. 1 is Nanad, petitioner no. 2 is the Mother-in-Law, petitioner no. 3 is the Father-in-law, petitioner no. 4 is the Brother-in-Law and petitioner no. 5 is also the Brother-in-Law. It has been further submitted that the deceased was being treated at Sasaram by her husband and her husband returned with the deceased on 14.03.2017, and she died due to pain in the stomach on 15.03.2017, and thereafter this FIR was lodged by the informant on 16.03.2017. The allegations are general and omnibus in nature and there is no specific allegation against anyone. It has further been submitted that the husband is in judicial custody and they had no role in the family affairs of the husband and the deceased. Petitioners have got no criminal antecedent and are in custody since 04.05.2017.

Patna High Court Cr.Misc. No.5232 of 2018(3) dt.27-02-2018 3/3 Considering the aforesaid facts and circumstances of the case, let the petitioners named above be released on bail upon furnishing bail bonds of Rs. 10,000/-(ten thousand) each with two sureties of the like amount each to the satisfaction of learned ADJ-VIIth, Rohtas at Sasaram, in connection with Sessions Trial No. 267 of 2017 arising out of Dinara P.S. Case No. 71 of 2017.

(S. Kumar, J) ranjan/- U