Umesh Mishra And ORS v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.32667 of 2018 Arising Out of PS.Case No. -113 Year- 2016 Thana -VIJAYPUR District- GOPALGANJ ======================================================

1. Umesh Mishra Son of Shubh Mishra

2. Manju Devi wife of Umesh Mishra

3. Appu Mishra Son of Umesh Mishra, All are resident of Village- Khajua, P.S.- Vijaipur, District- Gopalganj.

.... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Anirudh Kumar Verma For the Opposite Party/s : Smt Renu Kumari ====================================================== CORAM: HONOURABLE MR. JUSTICE VINOD KUMAR SINHA ORAL ORDER 02-07-2018 At the very outset, learned counsel for the petitioners has submitted that petitioner nos. 1 and 3, during pendency of this application has already been taken into custody, as such, this appeal with regard to petitioner nos. 1 and 3 has become infructuous and he may be permitted to withdraw this application with regard to petitioner nos. 1 and 3. Permission is accorded.

This application, so far petitioner nos. 1 and 3 are concerned, the same is dismissed as withdrawn. So far petitioner no. 2 is concerned, she is apprehending her arrest in connection with Vijaipur P.S. Case No. 113 of 2016, registered for offences punishable under Sections 304(B), 120B and 34 of the Indian Penal Code. Allegation against the petitioner and others is of causing

Patna High Court Cr.Misc. No.32667 of 2018 (3) dt.02-07-2018 2/2 dowry death of the deceased.

It has been submitted on behalf of the petitioner that she happens to be the sister in law (Gotani) of the deceased and no specific allegation has been attributed to her. It has also been submitted that the husband of the deceased has already been acquitted in this case after full trial.

Heard learned A.P.P. also.

Having heard both sides, in view of the above facts, let the petitioner above named, in the event of her arrest or surrender before the court below within a period of six weeks from the date of receipt/production of a copy of this order, be enlarged on bail on furnishing bond of Rs. 25,000 (Rs. Twenty Five Thousand) with two sureties of the like amount each to the satisfaction of learned Additional District & Sessions Judge -V, Gopalganj, in connection with Vijaipur P.S. Case No. 113 of 2016, subject to the conditions as laid down under Section 438(2) of the Cr.P.C, it is further subject to the condition that:- (i) One of the bailors of the petitioner shall be a local person having sufficient immovable property within the jurisdiction of the concerned Court.

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