Girija Devi And ORS v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.25972 of 2015 Arising Out of PS.Case No. -107 Year- 2015 Thana -MAHUA District- VAISHALI(HAJIPUR) ======================================================

1. Girija Devi wife of Late Mahadeo Rai

2. Urmila Devi, wife of Lalji Rai

3. Lalji Rai, son of Late Mahadeo Rai

4. Chandra shekhar Rai, son of Late Mahadeo Rai, All resident of village- Vilanpur, P.S.- Mahua, District- Vaishali. .... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Smt. Anuradha Singh, Advocate For the Opposite Party/s : Mr. Ashok Kr.Singh No.1(App) ====================================================== CORAM: HONOURABLE MR. JUSTICE SUDHIR SINGH ORAL ORDER 16-07-2015 The petitioners are apprehending their arrest in connection with Mahua P.S. Case No. 107 of 2015 for the offence under Sections 498A, 304B of the Indian Penal Code and 3/4 of the Dowry Prohibition Act.

Heard learned counsel for the petitioners and the State.

The prosecution story, in brief, is that the informant's sister was married with the petitioner in the year 2008.

After marriage her husband and other in-laws demanding Rs. 2 lack cash and a motorcycle as dowry and due to non-fulfillment of the same she was subjected to torture and

Patna High Court Cr.Misc. No.25972 of 2015 (2) dt.16-07-2015 cruelty. It is alleged that the informant's sister gave birth a male child which was removed by the petitioners and seeing the serious condition of informant's sister she was brought to P.M.C.H for better treatment but in the way she died. It is submitted on behalf of the petitioners that petitioner no. 1 is the mother-in-law of the deceased, petitioner no. 2 is sister-in-law of the deceased, petitioner no. 3 is brother-in-law of the deceased and petitioner no. 4 is the husband of the deceased. It is further submitted that while the deceased was in the family way giving birth to a child her condition deteriorated and subsequently to that child and mother both had expired.

On behalf of the State, it has been submitted that the petitioners are named in the First Information Report. Considering the aforesaid facts and circumstances, I am not inclined to grant anticipatory bail to the petitioner no. 4 namely, Chandra Shekhar Rai. Hence, his application is rejected.

As far as petitioner nos. 1, 2 and 3 are concerned, let the above named petitioner nos. 1, 2 and 3, in the event of their arrest or surrender in the court below within a period of four weeks, be released 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 learned Chief Judicial Magistrate, Vaishali at Hajipur in connection with Mahua P.S.

Patna High Court Cr.Misc. No.25972 of 2015 (2) dt.16-07-2015 Case No. 107 of 2015, subject to the conditions as laid down under Section 438(2) Cr.P.C.

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