Kushum Devi And ORS v. The State Of Bihar

Patna High Court Cr.Misc. No.1895 of 2017 (2) dt.28-01-2017

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.1895 of 2017 Arising Out of PS.Case No. -190 Year- 2016 Thana -GARKHA District- SARAN ======================================================

1. Kushum Devi, Wife of Dilip Mahto

2. Chanda devi, Wife of Binod Mahto

3. Dilip Mahto @ Dilip Chauhan, Son of Late Rajesh Mahto, All are Resident of Village-Bhilai, P.S.-Bhilai, District Chhatisgarh.

4. Buni Lal Mahto, Son of Late Shital Mahto, Resident of Village-Mithapur, P.S.-Garkha, District, Saran .... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Mukesh Kumar Singh, Advocate. For the Opposite Party/s : Mr. Sri Humayou Ahmad Khan, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RAJENDRA KUMAR MISHRA ORAL ORDER 28-01-2017 Heard learned counsel for the petitioners and the learned A.P.P. for the State.

The petitioners apprehend their arrest in connection with Garkha P.S. Case No. 190 of 2016 registered under Sections 302 and 201/34 of the Indian Penal Code.

The accusation is of killing of sister of informant by her husband and in-laws due to non-fulfillment of demand of dowry.

Learned counsel for the petitioners submits that petitioner nos. 1 and 2 are married sister-in-law (Nanad), petitioner no.3 is brother-in-law (Nandosi) and the petitioner no.4

Patna High Court Cr.Misc. No.1895 of 2017 (2) dt.28-01-2017 is father-in-law of the deceased and they have falsely been implicated in this case due to ulterior motive. Further submission is that it is clearly detailed in the F.I.R. that the deceased, sister of informant, informed him about torturing by her husband due to non-fulfillment of demand of dowry with general allegation against the petitioners to torture the deceased, sister of informant. Further submission is that the deceased, sister of informant, died in the year 2016 and the petitioners have no concern with the husband of the deceased.

Having regard to the facts and circumstances of the case, let the above named petitioners be released on bail, in the event of their arrest or surrender before the learned Court below within a period of six weeks from today, on furnishing bail bond of Rs. 10,000/- (ten thousand) each with two sureties of the like amount each to the satisfaction of the A.C.J.M.-V, Saran, Chapra, in connection with Garkha P.S. Case No. 190 of 2016, subject to the condition as laid down under Section 438(2) of the Cr.P.C. (Rajendra Kumar Mishra, J) Bhardwaj/- U T