Sudamiya Devi And ORS v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Miscellaneous No.35155 of 2018 Arising Out of PS.Case No. -15 Year- 2018 Thana -PIYAR District- MUZAFFARPUR ======================================================
1. Sudamiya Devi, W/o Late Bulaki Sahni @ Nanhki Sah,
2. Kanti Devi, D/o Late Bulaki Sahni @ Nanhki Sah,
3. Awdesh Sahni @ Awadhesh Sahni, S/o Late Bulaki Sahni @ Nanhki Sah, All are resident of Village- Baingra, P.S.- Pear, District- Muzaffarpur. .... .... Petitioner/s
Versus
1. The State of Bihar.
.... .... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s : Mr. Pradhan Murli Manohar Prasad, Adv. Mr. Raju Kumar Goswami, Adv.
For the Opposite Party/s : Mr. Sanjay Kumar Pandey, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE VINOD KUMAR SINHA ORAL ORDER 09-08-2018 The petitioners are apprehending their arrest in connection with Pear P.S. Case No. 15 of 2018, registered for offences punishable under Sections 304(B) and 34 of the Indian Penal Code.
Petitioners happens to be mother-in-law, sister-in-law and brother-in-law (Devar) of the deceased and allegation against them is of causing dowry death of the deceased. Submission of learned counsel for the petitioners is that there is delay in lodging the F.I.R. and moreover no specific allegation has been attributed against the petitioners and as a matter of fact during while the deceased was preparing food, she caught fire and sustained burn injuries, thereafter, she was taken to
Patna High Court Cr.Misc. No.35155 of 2018 (3) dt.09-08-2018 2/3 hospital, where she succumbed to her injuries. Heard learned A.P.P. also who opposed the prayer for anticipatory bail of the petitioners.
Having heard both sides, in view of the above facts, let the petitioners above named, in the event of their 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) each with two sureties of the like amount each to the satisfaction of learned Sub-Judge-V cum A.C.J.M. Muzaffarpur, in connection with Sour Pear P.S. Case No. 15 of 2018, subject to the conditions as laid down under Section 438(2) of the Cr.P.C, as well as subject to the following conditions, it is further subject to the condition that:- (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 shall cooperate in the investigation and make themselves available as and when required by the police and on the event of failure on their part to appear
Patna High Court Cr.Misc. No.35155 of 2018 (3) dt.09-08-2018 3/3 before the police on two consecutive dates without showing any genuine reasons, the prosecution is free to move for cancellation of their bail bonds.
(Vinod Kumar Sinha, J) sunil/Amjad/- U T