Madan Pandit And ORS v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Miscellaneous No.51137 of 2017 Arising Out of PS. Case No.-117 Year-2017 Thana- BAIRIYA District- West Champaran ======================================================
1. Madan Pandit, Son of Late Jangbahadur Pandit,
2. Radhika Devi, Wife of Sri Madan Pandit,
3. Billu Pandit, Son of Sri Madan Pandit.
4. Tija Kumari, Daughter of Sri Madan Pandit.
5. Manager Pandit, Son of Late Jangbahadur Pandit, All residents of Village- Balua Rampurwa, P.S.- Bairiya, District- West Champaran.
... ... Petitioners
Versus
The State of Bihar.
... ... Opposite Party ====================================================== Appearance :
For the Petitioner/s :
Mr. Umesh Chandra Verma For the Opposite Party/s :
Mr. SRI SANJAY KUMAR TIWARY ====================================================== CORAM: HONOURABLE MR. JUSTICE JITENDRA MOHAN SHARMA ORAL ORDER 14-12-2017 Heard learned counsel for the petitioners and learned APP for the State.
The petitioners apprehend their arrest in connection with Bairiya P. S. Case No. 117 of 2017 registered for the offence punishable under Sections 304B/34 of the Indian Penal Code. Allegedly, due to non-fulfillment of demand of dowry by way of Rs. 2 lakhs the petitioners and other in-laws including the husband killed Sushila Devi @ kanti Devi the sister of the informant who was married with Akhilesh Pandit the son of the petitioners no. 1 and 2 and the dead body was also made traceless.
Submission is of false implication and that the petitioners
Patna High Court Cr.Misc. No.51137 of 2017(3) dt.14-12-2017 2/3 have got no concern, they are living separately since long, the petitioners no. 1 and 2 are old father-in-law and mother-in-law, the petitioner no. 3 is Dewar, petitioner no. 4 is nanad and petitioner no. 5 is cousin-father-in-law of the deceased having no concern with the family affairs of deceased and her husband. During investigation it has come that there was dispute between the deceased and her husband, resulting, the deceased consumed poison and her husband brought her to Bettiah for treatment but there was no trace later on. It transpires that he disposed of the dead body. The husband of the deceased has assaulted petitioner no. 1 causing fracture of his hand which has come in paragraphs 6, 7 and 8 of the case diary.
Learned APP fairly submits that during investigation witnesses have stated otherwise.
In the facts and circumstances stated above, the petitioners above named, in case of their arrest or surrender within four weeks from the date of receipt/production of a copy of this order, are directed to be released on bail on execution of bail bonds of Rs. 10,000/- (ten thousand) each with two sureties of the like amount each to the satisfaction of learned Additional Chief Judicial Magistrate IV, Bettiah, West Champaran in connection with Bairiya P. S. Case No. 117 of 2017, subject to
Patna High Court Cr.Misc. No.51137 of 2017(3) dt.14-12-2017 3/3 the condition as laid down under Section 438 (2) of the Cr.P.C. (Jitendra Mohan Sharma, J) avin/- U T