Shyam Pari Devi And ORS v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.49838 of 2018 Arising Out of PS.Case No. -53 Year- 2018 Thana -KINJAR District- JEHANABAD ======================================================

1. Shyam Pari Devi, w/o Late Laldhari Thakur

2. Sumitra Devi W/o Shailesh Kumar Thakur

3. Shailesh Kumar Thakur S/o Late Laldhari Thakur, All three resident of Village- Angarichak, P.S. Kinjar, District Arwal. .... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Ashok Kumar Singh For the Opposite Party/s : Mr. Sri Nand Kishore Pd ====================================================== CORAM: HONOURABLE MR. JUSTICE VINOD KUMAR SINHA ORAL ORDER 30-08-2018 Heard the parties.

The petitioners are apprehending their arrest in connection with Kinjar P.S.Case no.53 of 2018 , registered for offences punishable under Sections 341, 323, 504, 34/34 of the Indian Penal Code.

Allegation against the petitioners, who happens to be mother-in-law, brother-in-law and sister-in-law and the case is of dowry death.

Submission of the learned counsel for the petitioners is that there is general and omnibus allegation against the petitioners and she died due to illness.

Heard learned A.P.P. also, who has opposed the prayer for

Patna High Court Cr.Misc. No.49838 of 2018 (2) dt.30-08-2018 2/2 bail stating that the dead body was found in open. Having heard both sides and in view of the facts and circumstances, as stated above , 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 SDJM, Arwal in connection with Kinjar P.S.Case No.53 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