Budhani Devi @ Babuni Devi And ORS v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.50483 of 2017 Arising Out of PS.Case No. -171 Year- 2017 Thana -ISLAMPUR District- NALANDA (BIHARSHARIFF) ======================================================

1. Budhani Devi @ Babuni Devi, W/o Rajesh Chaudhary,

2. Mintu Devi W/o Mahesh Chaudhary,

3. Kamal Chaudhary S/o Late Balchandra Chaudhary, All R/o VillageAsharaf, P.S.- Islampur, District- Nalanda. .... .... Petitioners

Versus

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

For the Petitioners : Mr. Sanjay Prasad, Advocate For the Opposite Party : Smt. Asha Devi (APP) ====================================================== CORAM: HONOURABLE MR. JUSTICE JITENDRA MOHAN SHARMA ORAL ORDER 14-12-2017 Heard learned counsel for the petitioners and learned counsel representing the State.

The petitioners apprehend their arrest in connection with Islampur P.S. Case No. 171 of 2017, registered for the offences punishable under Sections 304(B), 201/34 of the Indian Penal Code.

On the basis of complaint petition lodged by Pinku Devi, this case has been registered with allegation that Pinki Kumari the daughter of the complainant was married to Sundar Chaudhary and after marriage the in-laws kept her properly for six months and thereafter started demanding dowry of Rs. 50,000/- and due to non-fulfillment started torturing her and in the night of 18.05.2017 the in-laws killed due to non-fulfillment of dowry and cremated the dead body.

Patna High Court Cr.Misc. No.50483 of 2017 (3) dt.14-12-2017 2/2 Submission is of false implication and that the petitioner nos. 1 and 2 are gotni whereas petitioner no. 3 is covillager. Pinki Kumari died natural death, she was never tortured by anyone. The petitioners are living separately since long, due to intervention of common friends the matter has been compromised and compromise petition has also been filed wherein the informant has stated regarding the innocence of the petitioners and others. The husband of the daughter of the complainant also died and thereafter the complaint case has been filed and, as such, the petitioners deserve sympathetic consideration. The learned A.P.P. fairly submits that the informant has filed compromise petition.

In the facts and circumstances as stated above, the petitioners in the event of their arrest or surrender within four weeks from the date of receipt/production of a copy of this order shall 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 learned A.C.J.M., Hilsa, Nalanda, in connection with Islampur P.S. Case No. 171 of 2017, subject to the conditions as laid down in section 438(2) of the Cr.P.C. (Jitendra Mohan Sharma, J.) Rajiv/- U T