Chandan Thakur And ORS v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Miscellaneous No.9917 of 2015 Arising Out of PS.Case No. -203 Year- 2014 Thana -MEERGANJ District- GOPALGANJ ======================================================
1. Chandan Thakur son of Rama Nand Thakur
2. Rama Nand Thakur son of Ram Ratan Thakur
3. Kalawati Devi wife of Rama Nand Thakur
4. Rupesh Thakur son of Rama Nand Thakur
5. Durgesh Thakur son of Rama Nand Thakur
6. Sanju Devi wife of Rupesh Thakur All Resident of village- Chap Mathia, P.S.- Mirganj, District- Gopalganj .... .... Petitioner/s
Versus
1. The State of Bihar .... .... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s : Mr. Ghulam Rabbani For the Opposite Party/s : Mr. Ram Priya Sharan Singh ====================================================== CORAM: HONOURABLE MR. JUSTICE HEMANT KUMAR SRIVASTAVA ORAL ORDER 18-05-2015 Supplementary affidavit is filed on behalf of the petitioners.
Petitioner no. 6 Sanju Devi has already been granted privilege of anticipatory bail by this Court vide order dated 12.03.2015.
Heard learned counsel appearing for the remaining petitioners as well as learned Additional Public Prosecutor for the State.
The petitioner no.1 to 5 apprehend their arrest in connection with Mirganj P.S.Case No. 203 of 2014 registered for the offences punishable under Sections 304B and 201 of the Indian Penal Code.
Patna High Court Cr.Misc. No.9917 of 2015 (3) dt.18-05-2015 2/3 The marriage of deceased had taken place with the petitioner no. 1 in the year 2013 but within one year of her marriage she died due to burn injuries. There is allegation that petitioner no. 1 including his other family members demanded dowry and subjected the deceased to cruelty due to non fulfillment of illegal dowry demand.
Petitioner no. 3 happens to be mother-in-law, whereas petitioner no. 2 is father-in-law, petitioner nos. 4 and 5 are brothers-in-law and petitioner no. 6 is sister -in-law of the deceased.
In course of investigation, at para-38 of the case diary one witness claimed to have seen the petitioner no. 1,2, 4 and 5 carrying the dead body of the deceased towards the highway. Considering the aforesaid facts and circumstances as well as submissions of the parties, let petitioner no. 3 namely Kalawati Devi, in the event of her arrest/surrender within four weeks from the date of receipt of this order to the court concerned, shall be released on bail on furnishing bail bonds of Rs. 10,000/-( ten thousand) each with two sureties of the like amount each to the satisfaction of the Chief Judicial Magistrate, Gopalganj in Mirganj P.S.Case No. 203 of 2014, subject to condition as laid down under Section 438(2) of the Cr.P.C.
So far as petitioner no. 1, 2 ,4 and 5 are concerned, their prayer for anticipatory bail stands rejected. However, this order
Patna High Court Cr.Misc. No.9917 of 2015 (3) dt.18-05-2015 3/3 shall not cause any prejudice to the concerned court at the time of consideration of regular bail application of the aforesaid petitioners.
(Hemant Kumar Srivastava, J) Namita/- U T