Patna High CourtCR. MISC./480/2017bail granted

Sushila Devi And ANR v. The State Of Bihar

2017-01-12Mr. Justice Hemant Kumar Srivastava2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.480 of 2017 Arising Out of PS.Case No. -44 Year- 2016 Thana -SAHPUR District- PATNA ======================================================

1. Sushila Devi W/o Sidheshwar Prasad Keshari

2. Sidheshwar Prasad Keshari S/o Late Jaglal Saw Both R/o Shahpur, P.S. Shahpur, District - Patna.

.... .... Petitioner/s

Versus

1. The State of Bihar.

.... .... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s : Mr. Ghanshyam Tiwary For the Opposite Party/s : Mr. Sri Matloob Rab ====================================================== CORAM: HONOURABLE MR. JUSTICE HEMANT KUMAR SRIVASTAVA ORAL ORDER 12-01-2017 Heard learned counsel for the petitioners as well as learned Additional Public Prosecutor for the State. Petitioners apprehend their arrest in connection with Shahpur P.S. Case No. 44 of 2016 registered under Sections-304B, 201/34 of the Indian Penal Code.

Petitioners happen to be parents-in-law of the deceased and it is an admitted case of the prosecution that marriage of the deceased had taken place on 28-06-2012 with coaccused Vikash Kumar Keshari. Furthermore, it is also an admitted case of the prosecution that after marriage, the deceased gave birth to a child though her husband and brother-in-law used to torture her due to non-fulfillment of illegal demand. So far as

Patna High Court Cr.Misc. No.480 of 2017 (2) dt.12-01-2017 2/2 petitioners are concerned; there is no allegation of torturing as well as illegal demand in the written report of the informant. However, it is informed that husband of the deceased has already been remanded to judicial custody and petitioners are old persons. Considering the above-said facts and circumstances of the case as well as submission of the parties, this anticipatory bail petition is allowed and it is ordered that the petitioners named above, in the event of their arrest or surrender in the court below within four weeks from the date of receipt/production of copy of this order, shall be released on bail on furnishing bail bond of Rs. 10,000/- (ten thousand) each with two sureties of the like amount each in connection with Shahpur P.S. Case No. 44 of 2016 to the satisfaction of learned Additional Chief Judicial Magistrate, Danapur, Patna subject to conditions as laid down u/S 438(2) of the Code of Criminal Procedure Code.

(Hemant Kumar Srivastava, J) A.K.V./- U T