Chirai Devi And ORS v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.21308 of 2017 Arising Out of PS.Case No. -289 Year- 2016 Thana -MAJHAULIA DistrictWESTCHAMPARAN(BETTIAH) ======================================================

1. Chirai Devi, W/o Bigu Sah,

2. Ranjit Sah, S/o Bigu Sah,

3. Satendra Sah, S/o Bigu Sah,

4. Babita Devi, D/o Bigu Sah, All resident of Village- Ojha Mathiya, P.S.- Majhauliya, Dist- West Champaran.

.... .... Petitioners

Versus

The State of Bihar.

.... .... Opposite Party ====================================================== Appearance :

For the Petitioners : Mr. Ajay Kumar Sharma, Advocate For the Opposite Party : Mr. Narsingh Tanti, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE SUDHIR SINGH ORAL ORDER 23-05-2017 Heard learned counsel for the petitioners and learned counsel for the State.

The petitioners are apprehending their arrest in connection with Majhauliya P.S. Case No. 289 of 2016 for the offences instituted under Sections 341, 307/34, 304(B) of the IPC. and 3⁄4 of the D.P. Act.

The prosecution story, in brief, is that the daughter of the informant Savita Devi was married with Brijesh Sah in the year 2014 and after her marriage she was leading peaceful conjugal life. After some period the petitioners demanded a motorcycle by way of dowry. The informant's parents was unable to fulfil the

Patna High Court Cr.Misc. No.21308 of 2017 (2) dt.23-05-2017 2/3 demand. Due to non-fulfilment of dowry demand, the accused petitioners subjected cruelty and sprinkled the Kerosene Oil on her body and set fire upon her and fled away. Informant's family got the information and treatment was made.

It has been submitted on behalf of the petitioners that the petitioners have got no criminal antecedent. There is no allegation of tampering with the witnesses alleged against the petitioners. They have falsely been implicated in the present case due to mistake of fact. General and omnibus allegation has been made against the petitioners. The petitioner no. 1 is the mother-in-law of the deceased, petitioner nos. 2 and 3 are the brothers-in-law of the deceased and petitioner no. 3 is the married sister-in-law of the deceased. They are separate in mess and property from the husband of the deceased.

On behalf of the State, it has been submitted that the petitioners are named in the F.I.R.

Considering the aforesaid facts and circumstances, let the petitioners above named, 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 in connection with Majhauliya P.S. Case No. 289/2016 on furnishing bail bond of Rs. 10,000/-(Ten Thousand) each with two sureties of the like amount each to the

Patna High Court Cr.Misc. No.21308 of 2017 (2) dt.23-05-2017 3/3 satisfaction of the learned C.J.M., Bettiah, West Champaran, subject to the conditions as laid down under Section 438(2) of the Code of Criminal Procedure.

(Sudhir Singh, J) U.K./- U T