Asha Devi And ORS v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.30523 of 2018 Arising Out of PS.Case No. -24 Year- 2018 Thana -BIBHUTIPUR District- SAMASTIPUR ======================================================

1. Asha Devi, Wife of Rajeev Rai @ Rajeev Ray.

2. Sundree Devi, Wife of Vivek Ray.

3. Rajeev Rai @ Rajeev Ray, Son of Vivek Ray. All are Resident of Village- Kalyanpur Tole, Siswani, P.S.- Bibhutipur, District- Samastipur. .... .... Petitioner/s

Versus

1. The State of Bihar.

.... .... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s : Mr. Dilip Kumar Roy For the Opposite Party/s : Mr. Sri Aditya Narayan Singh 1 ====================================================== CORAM: HONOURABLE MR. JUSTICE VINOD KUMAR SINHA ORAL ORDER 17-07-2018 Heard the parties.

The petitioners are apprehending their arrest in connection with Bibhutipur P.S.Case no.24 of 2018 , registered for offences punishable under Sections 304(B)/34 of the Indian Penal Code. Petitioners are said to be mother-in-law and Gotani and cause of dowry death.

Submission of the learned counsel for the petitioner is that as a matter of fact she has committed suicide and moreover the petitioners are residing at Siliguri and no specific allegation has been attributed against them.

Heard learned A.P.P. and the learned counsel for the informant.They have opposed the prayer for bail on the ground

Patna High Court Cr.Misc. No.30523 of 2018 (3) dt.17-07-2018 2/2 that cause of death is strangulation..

Having heard both sides and in view of the facts and circumstances, as stated above and in view of having no specific allegation, let the petitioners, above named, 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 bond of Rs.25,000/- (Twenty Five Thousand) each with two sureties of the like amount each to the satisfaction of the learned ACJM-I, Samastipur in connection with Bibhutipur P.S.Case no.24 of 2018 subject to condition as laid down under Section 438 (2) of the Code of Criminal Procedure.

With following conditions :

(i) One of the bailors 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 the 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 to move for cancellation of their bail bond. With the aforesaid observation, this application is allowed. (Vinod Kumar Sinha, J) chn/- U T