Malti Devi And ORS v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.45703 of 2014 Arising Out of PS.Case No. -63 Year- 2014 Thana -GARKHA District- SARAN ======================================================

1. Malti Devi W/o Bhagu Sah

2. Tuntun Sah

3. Dinesh Sah Both Sons of Bhagu Sah.

All 1 to 3 are resident of village- Raghupur, Police Station- Garkha, District- Saran .... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Dr. Rajesh Kumar Singh For the Opposite Party/s : Mr. S.D.Singh Yadav(App) ====================================================== CORAM: HONOURABLE MR. JUSTICE SUDHIR SINGH ORAL ORDER 16-04-2015 The petitioners are apprehending their arrest in connection with Garkha P.S.Case No. 63 of 2014 registered under Sections 304(B)/34 of the Indian Penal Code.

Heard learned counsel for the petitioners and the State. It has been alleged that the petitioners were demanding dowry and due to non-fulfilment of the same the deceased has been done to death.

It has been submitted on behalf of the petitioners that the petitioner no.1 is mother-in-law and petitioner nos.2 and 3 are the Bhaisoors of the deceased. It has further been submitted that the petitioners are separate from the husband of the deceased and

Patna High Court Cr.Misc. No.45703 of 2014 (2) dt.16-04-2015 2/2 have nothing to do with their day to day affairs. So far death of the deceased is concerned, due to pregnancy she was suffering from ill health for which she was being treated and in course of treatment she succumbed to death. Further, it has been submitted that in course of post mortem, the cause of death has not been ascertained nor there has been any internal or external injury having been found on the body of the deceased.

On behalf of the State it has been vehemently opposed and submitted that number of witnesses have supported the case as it is evident from the impugned order.

Considering the aforesaid facts and circumstances of the case, let the above named petitioners, in the event of their arrest/surrender in the court below within a period of four weeks from today, be released on bail on furnishing bail bond of Rs. 10,000/- (ten thousand) each with two sureties of the like amount each to the satisfaction of learned C.J.M., Saran at Chapra, in connection with Garkha P.S.Case No. 63 of 2014, subject to the conditions as laid down under Section 438(2) Cr.P.C. (Sudhir Singh, J) singh/- U T