Tetari Devi And ANR v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Miscellaneous No.31361 of 2017 Arising Out of PS.Case No. -38 Year- 2016 Thana -KALER District- JEHANABAD ======================================================
1. Tetari Devi, W/o Ramjee Paswan,
2. Ramjee Paswan, Son of Nihora Paswan, Both Resident of VillageJalwaiya, P.S.- Kaler, District- Arwal. .... .... Petitioner/s
Versus
1. The State of Bihar .... .... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s : Mr. Arun Kumar Mandal For the Opposite Party/s : Mr. Md. Ashlam Ansari ====================================================== CORAM: HONOURABLE JUSTICE SMT. NILU AGRAWAL ORAL ORDER 11-07-2017 Heard learned counsel for the petitioners and learned APP for the State.
Petitioners seek bail in connection with Kaler P.S. Case No. 38/2016 for offences punishable under Sections 304-B, 201, 34 of the Indian Penal Code. The prosecution case is that, as lodged by the father of the victim lady Priyanka Devi, is that she was married to Udal Paswan but the husband along with family members have killed his daughter and disposed off the dead body for non-fulfillment of demand of dowry.
It has been submitted by the learned counsel
Patna High Court Cr.Misc. No.31361 of 2017 (2) dt.11-07-2017 2/3 for the petitioners that they are mother-in-law and fatherin-law of the deceased Priyanka Devi and the allegations against them are general and omnibus. He submits that petitioner no. 1 is in custody since 14.02.2017 and petitioner no. 2 is in custody since 07.02.2017 and voluntarily surrendered, whereas husband of the deceased is already in custody. It is submitted that the petitioners have their separate home and hearth from that of their elder son Udal Paswan and that charge-sheet has already been submitted, hence, there is no chance of tampering with the prosecution evidence.
However, learned APP for the State opposes the prayer for bail.
Considering the facts and circumstances and the materials on record, let petitioners, above named, be enlarged 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 S.D.J.M., Arwal, in connection with Kaler P.S. Case No. 38/16, subject to the condition that the petitioners will appear before the court below on each and every date during
Patna High Court Cr.Misc. No.31361 of 2017 (2) dt.11-07-2017 3/3 trial and failure to appear on three consecutive dates without assigning any reason will entail cancellation of their bail bonds.
(Nilu Agrawal, J) Rajesh/- U T