Rekha Devi And ORS v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Miscellaneous No.23786 of 2016 Arising Out of PS.Case No. -140 Year- 2015 Thana -PUPRI District- SITAMARHI ======================================================
1. Rekha Devi, wife of Bauaji Rai @ Baueji Rai
2. Bauaji Rai @ Baueji Rai son of late Malver Rai.
3. Gambhu Rai son of Bauaji Rai @ Baueji Rai All residents of village Balha Maksudan, Police Station Pupari, District Sitamarhi. .... .... Petitioner/s
Versus
1. The State of Bihar .... .... Opposite Party/s ====================================================== Appearance:
For the Petitioner/s : Mr. Ashok Kumar Jha For the Opposite Party/s : Mr. Atul Chandra (App) ====================================================== CORAM: HONOURABLE MR. JUSTICE SHIVAJI PANDEY ORAL ORDER 31-05-2016 Heard learned counsel for the petitioners and learned counsel for the State.
In this case, the petitioners are seeking regular bail in connection with Pupari P.S. Case No.140 of 2015, registered for the offences punishable under Sections 304B & 201/34 of the Indian Penal Code.
The marriage of the victim was solemnized with the petitioner No.3 in the year 2014. Allegation has been made that the petitioners were demanding dowry including golden chain and motor-cycle. It has been alleged that the informant received telephonic information that his daughter has died and when he went to the house of his daughter, the accused persons tied him in the tree and were trying to dispose of the body of the victim. When the local public of the village came there, the accused
Patna High Court Cr.Misc. No.23786 of 2016 (2) dt.31-05-2016 2/2 persons fled away and after releasing from the confinement, the informant recovered the dead body of the victim-lady. The petitioner No.1 is the mother-in-law, petitioner No.2 is the father-in-law and petitioner No.3 is the husband of the victim.
In the present case, the informant has turned hostile. The petitioners have attached the copy of the deposition of the informant.
Having considered the facts and circumstances of the case, let the petitioner No.1 and 2 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 the Additional District Judge, II, Sitamarhi, in connection with Pupari P.S. Case No.140 of 2015 (Sessions Trial No.21 of 2016). In so far as the bail application of petitioner No.3 is concerned, the same is rejected.
The Trial Court is directed to conclude the trial within a period of nine months from the date of receipt / production of a copy of this order. In failure to conclude the same, the Trial Court will submit the report, assigning the reason for nonconclusion of the trial within stipulated time. (Shivaji Pandey, J) pawan/- U T