Munni Devi And ANR v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.27378 of 2018 Arising Out of PS. Case No.-155 Year-2017 Thana- SOHSARAI District- Nalanda ======================================================

1. Munni Devi, W/o Awadhesh Yadav (Nanad), R/o Vill.- Kalyanpur, P.S.- Bihar Sharif, Distt.- Nalanda.

2. Raju Yadav @ Raju Kumar, S/o Tunni Yadav (Nandoshi), R/o Vill.- Birnama, P.S.- Wena, Distt.- Nalanda.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Birendra Kumar, Adv.

For the Opposite Party/s :

Sri Sakir Ahmad, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE DINESH KUMAR SINGH ORAL ORDER 08-05-2018 Heard learned counsel for the petitioners and learned APP for the State.

The petitioners, being the sister and brother-in-law of the husband of the victim, are apprehending arrest in a case registered for the offences punishable under Sections 304B/34 of the Indian Penal Code.

The prosecution case got initiated on the Fardbeyan of Ramlagan Yadav, recorded by SHO, Sohsarai Police Station on 21.07.2017, at 08.45 A.M. to the effect that the informant's daughter was married with Pintu Kumar in 2013, but she was being tortured for non-fulfillment of dowry demand. On 21.07.2017, the informant received information through mobile phone that her daughter has been killed. On being received such

Patna High Court Cr.Misc. No.27378 of 2018(2) dt.08-05-2018 2/3 information the informant went to the in-laws house of his daughter, where he found her dead. The nearby people suggested the informant that his daughter was killed by the inlaws people by assaulting her for non-fulfillment dowry demand.

It is submitted by learned counsel for the petitioners that petitioner no.1 was married with petitioner no.2 ten years prior to the date of occurrence and they were residing at a distant place, but the petitioners are sister and brother-in-law of the husband of the victim, hence, they have been ropped in, in the present case. Moreover, the thrust of accusation is against the husband of the victim. A statement has been made in paragraph no.3 of the petition that the petitioners are not having any criminal antecedent.

It is submitted by learned APP for the State that the petitioners are named in the FIR with accusation. Considering the fact that the thrust of accusation against the husband of the victim, coupled with statement made in paragraph no.3 of the petition that the petitioners are not having any criminal antecedent, let the above named petitioners be released on anticipatory bail, in the event of arrest or surrender before the learned Court below within a period of 12

Patna High Court Cr.Misc. No.27378 of 2018(2) dt.08-05-2018 3/3 weeks from today, on furnishing bail bond of Rs.10,000/- (ten thousand) each with two sureties of the like amount each to the satisfaction of the learned ACJM-VII, Nalanda, Biharsharif, in connection with Sohsarai P.S. Case No.155 of 2017, subject to the conditions as laid down under Section 438(2) of the Cr.P.C. (Dinesh Kumar Singh, J) Ashwini/- U T