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Patna High CourtCR. MISC./63155/2018bail granted

Satyendra Baitha And ORS v. The State Of Bihar

2018-12-20Mr. Justice Prakash Chandra Jaiswal3 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.63155 of 2018 Arising Out of PS. Case No.-184 Year-2018 Thana- CHANPATIA District- West Champaran ======================================================

1. Satyendra Baitha Son of Sri Yadunandan Baitha

2. Sunaina Devi Wife of Sri Satyendra Baitha

3. Lalmuni Devi Wife of Sri Amaresh Baitha All residents of Village- Bijbaniya Bhikhampur, P.S. Chanpatia (Sirisiya), District- West Champaran. ... ... Petitioners.

Versus

The State of Bihar.

... ... Opposite Party.

====================================================== Appearance :

For the Petitioner/s :

Mr. Abhishek Kumar @ Sonu, Adv.

For the Opposite Party/s :

Mr. Chandrasen Prasad Singh, A.P.P.

====================================================== CORAM: HONOURABLE MR. JUSTICE PRAKASH CHANDRA JAISWAL ORAL ORDER 20-12-2018 Heard learned counsel for the petitioners and the learned A.P.P. for the State.

The petitioners apprehend their arrest in connection with Chanpatia (Sirisia) P.S. Case no. 184 of 2018, registered under Section 304-B and 201/34 of the Indian Penal Code.

Marriage of the daughter of the informant was performed with Ranjay Baitha. After marriage all the accused persons started demanding of Rs.2 lakhs and on failure to cough up the demand started tormenting her. One month later to the death of the deceased, the sister and brother-in-law of the husband of the deceased had taken both of them to their house

Patna High Court Cr.Misc. No.63155 of 2018(2) dt.20-12-2018 2/3 located in Chargaha, Bettiah and they in association of the husband of the deceased eliminated the deceased on the said dowry demand.

Learned counsel for the petitioners submitted that no such occurrence as alleged ever took place. The petitioners are quite innocent and have been falsely implicated in this case. Petitioner nos.1 & 2 happen to be parents-in-law and petitioner no.3 is the sister-in-law (Gotani) of the deceased. There is no allegation of tampering with the evidence against the petitioners. Petitioners were living separately at the time of death of the deceased. The deceased was living with sister and brother-in-law of her husband at Chargaha, Bettiah while the petitioners are living in village Bijbaniya Bhikhampur and they are separate in mess and property with the husband of the deceased since long. The husband of the deceased is in custody.

Having regard to the facts and circumstances of the case, let the above named petitioners, be released on bail, in the event of his arrest or surrender before the learned Court below within a period of four weeks from today, on furnishing bail bond of Rs.

Patna High Court Cr.Misc. No.63155 of 2018(2) dt.20-12-2018 3/3 connection with Chanpatia (Sirisiya) P.S. Case No. 184 of 2018, subject to the condition as laid down under Section 438 (2) of the Cr.P.C.

(Prakash Chandra Jaiswal, J) Trivedi/- U T