Nisha Devi v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.8154 of 2021 Arising Out of PS. Case No.-196 Year-2020 Thana- MADHUBAN District- East Champaran ====================================================== 1.

NISHA DEVI Wife of Sanjay Kumar Resident Mela Bazar Madhuban, P.S.- Madhuban, District-East Champaran.

2.

Sapna Devi Wife of Vijay Kumar Resident Mela Bazar Madhuban, P.S.- Madhuban, District-East Champaran.

3.

Ramita Kumari Wife of Suraj Kumar Resident Mela Bazar Madhuban, P.S.- Madhuban, District-East Champaran.

4.

Sanjay Kumar Son of Ramdayal Sah Resident Mela Bazar Madhuban, P.S.- Madhuban, District-East Champaran.

5.

Vijay Kumar Son of Ramdayal Sah Resident Mela Bazar Madhuban, P.S.- Madhuban, District-East Champaran.

6.

Suraj Kumar Son of Ramdayal Sah Resident Mela Bazar Madhuban, P.S.- Madhuban, District-East Champaran.

... ... Petitioner/s

Versus

THE STATE OF BIHAR ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Umesh Chandra Verma For the Opposite Party/s :

Mr.A.G ====================================================== CORAM: HONOURABLE MR. JUSTICE SUDHIR SINGH ORAL ORDER 30-11-2021 Heard learned counsel for the petitioners and learned APP for the State.

Learned counsel for the petitioners is directed to remove the defect(s), as pointed out by the office, within a period of eight weeks.

The petitioners are apprehending their arrest in a case registered under Sections 498(A), 304B, 201 of the Indian Penal Code.

Patna High Court CR. MISC. No.8154 of 2021(3) dt.30-11-2021 2/3 Allegation against the accused persons including the petitioners is of committing torture and causing death of the victim due to non-fulfillment 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 petitioner Nos. 1, 2 & 3 are sisters-in-law (Gotanis) whereas petitioner Nos. 4, 5 & 6 are brothers-in-law (Devars) of the deceased respectively. They are separate in mess and property from husband of the deceased. They have got no concern with the alleged occurrence. A petition (Annexure-2) has been filed by the informant in the court below wherein he has retracted from his earlier statement made in the FIR. The husband of the deceased has already been acquitted by the trial court.

On behalf of the State, it is submitted that the petitioners are named in the Complaint Case/F.I.R.

Considering the aforesaid facts and circumstances of the case, the petitioners, above named, in the event of arrest or surrender before the learned court below within a period of twelve weeks from today, be released on anticipatory bail on furnishing bail bond of Rs. 10,000/- (ten thousand) each with

Patna High Court CR. MISC. No.8154 of 2021(3) dt.30-11-2021 3/3 two sureties of the like amount each to the satisfaction of learned Chief Judicial Magistrate, Motihari, East Champaran in connection with Madhuban P.S. Case No. 196 of 2020subject to the conditions as laid down under Section 438(2) of the Code of Criminal Procedure.

(Sudhir Singh, J) A.K.V.//- U T