Devta Devi And ORS v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.50468 of 2016 Arising Out of PS.Case No. -208 Year- 2015 Thana -BAKHRI District- BEGUSARAI ======================================================

1. Devta Devi W/o Bideshi Rai

2. Arvind Rai @ Bideshi Rai Son of Late Ramesh Rai

3. Kundan Kumar Rai Son of Bideshi Rai All are residents of Village Rampur, P.S.- Bakhri, District- Begusarai.

.... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Jai Prakash Singh For the Opposite Party/s : Mr. Sri Anuj Kumar Srivastava ====================================================== CORAM: HONOURABLE MR. JUSTICE JITENDRA MOHAN SHARMA ORAL ORDER 17-01-2017 Heard the learned counsel for the petitioners as well as the learned A.P.P. for the State.

In this application for anticipatory bail the petitioners apprehend their arrest in connection with Bakhri P.S. Case No. 208 of 2015 for the offences punishable under sections 304 (B) and 201/34 of the I.P.C.

Roopam Kumari, the grand daughter of the informant, was married to Chandan Kumar Rai, the son of petitioner nos. 1 and 2, two years ago and due to non fulfillment of demand of motorcycle by way of dowry the petitioners and her husband used to assault her and ultimately the husband informed that Roopam Kumari has consumed poison and when the informant came in the

Patna High Court Cr.Misc. No.50468 of 2016 (3) dt.17-01-2017 2/3 meantime they have cremated the dead body.

Submission is of false implication and that the petitioners are old mother-in-law, father-in-law and Dever and they are living separately since long from the husband of the deceased, they have got no concern with the family affairs of the deceased and her husband, there is general and omnibus allegation against the petitioners, there is no specific allegation and as such the petitioners deserve sympathetic consideration as the husband is already in custody.

The learned A.P.P. submits that the petitioners are also named in the First Information Report and during investigation also the witnesses have stated the names of the petitioners.

In the facts and circumstances as stated above, considering that petitioner no.1 is old mother-in-law, petitioner no.2 is old father-in-law and petitioner no.3 is Devar and considering that they are living separately since long from the husband of the deceased and as such the petitioners, in case of their arrest or surrender within four weeks from the date of receipt/production of a copy of this order 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.

Patna High Court Cr.Misc. No.50468 of 2016 (3) dt.17-01-2017 3/3 S.D.J.M. Begusarai in connection with above mentioned case, subject to the conditions as laid down in section 438 (2) of the Cr.P.C.

(Jitendra Mohan Sharma, J) Abhay/- U T