Sheela Kuer And ANR v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Miscellaneous No.9966 of 2017 Arising Out of PS.Case No. -1086 Year- 2016 Thana -SASARAM MUFFSIL District- SASARAM (ROHTAS) ======================================================
1. Sheela Kuer, W/o- Late Rajendra Singh,
2. Pintu Kumar Mahto, S/o Late Rajendra Singh, Both are Resident of Village- Amra Talab, P.S.- Sasaram (M), District- Rohtas. .... .... Petitioner/s
Versus
1. The State of Bihar .... .... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s : Mr. Ashutosh Tripathy For the Opposite Party/s : Mr. Dharmendra Kumar Singh ====================================================== CORAM: HONOURABLE MR. JUSTICE VINOD KUMAR SINHA ORAL ORDER 03-04-2017 The petitioner is apprehending his arrest in connection with Sasaram (Muffasil) P.S. Case No. 1086 of 2016, registered for offences punishable under Sections 498A, 307, 34 Indian Penal Code and Section 3/4 of Dowry Prohibition Act. Later on Section 304B was added.
It has been submitted on behalf of the petitioners that save and except general and omnibus allegations, there is nothing against the petitioners. As a matter of fact the deceased and son of petitioner no. 1 had love affair and thereafter they had got married, for which the informant had already lodged a case under Section 366 and other Sections of Indian Penal Code against the husband of the deceased and other accused person and as such now the
Patna High Court Cr.Misc. No.9966 of 2017 (3) dt.03-04-2017 2/3 present case has been filed.
Heard learned A.P.P. and learned counsel for the informant, they have opposed the prayer for bail. However, they could not point anything more than whatever stated in the F.I.R., which is general and omnibus allegation in nature. Having heard both sides, considering the facts and circumstances of the case and also that petitioner no. 1 is motherin-law and petitioner no. 2 is elder brother-in-law, as such, let the petitioners above named, in the event of their arrest or surrender before the court below within a period of six weeks from the date of receipt/production of a copy of this order, be enlarged on bail on furnishing bond of Rs. 25,000 (Rs. Twenty Five Thousand) each with two sureties of the like amount each to the satisfaction of learned CJM, Rohtas at Sasaram in connection with Sasaram (Muffasil) P.S. Case No. 1086 of 2016, subject to the conditions as laid down under Section 438(2) of the Cr.P.C. (i) One of the bailors of the petitioners shall be a local person having sufficient immovable property within the jurisdiction of the concerned Court.
(ii) The petitioners shall cooperate in the investigation and make themselves available
Patna High Court Cr.Misc. No.9966 of 2017 (3) dt.03-04-2017 3/3 as and when required by the police and on the event of failure on their part to appear before the police on two consecutive dates without showing any genuine reasons, the prosecution will be free to move for cancellation of their bail bonds.
It is also made clear that if during investigation, any serious incriminating material comes against these petitioners, their bail bonds shall be liable to be cancelled. (Vinod Kumar Sinha, J) sunil/- U T