Lakashmi Devi And ORS v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.28117 of 2018 Arising Out of PS. Case No.-140 Year-2017 Thana- CHARIABARIYARPUR DistrictBegusarai ======================================================

1. Lakashmi Devi wife of Vikash Kumar

2. Vikash Kumar son of Dinesh Sah

3. Karan Kumar son of Dinesh Sah

4. Karkoiyan Devi wife of Dinesh Sah

5. Dinesh Sah son of Late Rameshwar Sah All residents of Village - Manjhaul Beech Khanna, P.S. Cheria Bariarpur, Distt. Begusarai ... Petitioners

Versus

The State of Bihar ... Opposite Party ====================================================== Appearance :

For the Petitioners :

Mr. Sandip Kumar Gautam, Adv.

For the Opposite Party :

Mr. Dr. Ajeet Kumar, APP 94 ====================================================== CORAM: HONOURABLE MR. JUSTICE VINOD KUMAR SINHA ORAL ORDER 16-05-2018 Heard the learned counsel for the petitioners. The petitioners are apprehending their arrest in connection with Cheria Bariarpur P.S. Case No. 140 of 2017 registered for offences punishable under Sections 304B, 120B and 34 of the Indian Penal Code and 3 and 4 of the Dowry Prohibition Act.

Allegation against the petitioners, who happen to be gotni, devar, mother-in-law and father-in-law, is of dowry death. Submission of the learned counsel for the petitioners is that there is no specific allegation against the petitioners and

Patna High Court Cr.Misc. No.28117 of 2018(2) dt.16-05-2018 2/3 as a matter of fact the victim died due to electrical shock and the petitioners have no hand in that.

Heard learned Additional Public Prosecutor also. Having heard both sides and in view of the facts and circumstances, as stated above, let the petitioners, named above, in the event of arrest or surrender before the Court below, within a period of six weeks from the date of order, be released on bail on furnishing bail bonds of Rs. 25,000/- (rupees twenty-five thousand) each with two sureties of the like amount each to the satisfaction of the learned Additional Chief Judicial Magistrate, Majhaul, Begusarai, in connection with Cheria Bariarpur P.S. Case No. 140 of 2017 subject to the condition as laid down under Section 438(2) of the Criminal Procedure Code as well as with following conditions :

(I) One of the bailors of each of the petitioners shall be a local person, having sufficient immovable property within the jurisdiction of the concerned Court.

(II) The petitioners will not induce any witness or tamper with evidence.

(III) The petitioners shall co-operate in the investigation of the case and make themselves available as and when required by the Police, otherwise, the prosecution is free

Patna High Court Cr.Misc. No.28117 of 2018(2) dt.16-05-2018 3/3 to move for cancellation of his bail bonds.

With the aforesaid observation, this application is allowed.

(Vinod Kumar Sinha, J) Shamshad/- U T