Arti Devi @ Arthi Devi And ORS v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.37337 of 2017 Arising Out of PS.Case No. -22 Year- 2017 Thana -MOHAMMADPUR District- GOPALGANJ ======================================================

1. Arti Devi @ Arthi Devi, Wife of Vinay Sahani.

2. Sobha Devi, Wife of Ram Sekhar Sahani.

3. Gharbharana Devi, Wife of Ramayan Sahani.

4. Ramayan Sahani, Son of Heeralal Sahani.

5. Vinay Sahani, Son of Ramayan Sahani.

6. Amit Sahani, Son of Ramayan Sahani.

7. Ram Shekhar Sahani, Son of Ramayan Sahani. All are Resident of Village-Dumaria, Police Station-Mohammadpur, District-Gopalganj.

.... .... Petitioners

Versus

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

For the Petitioner/s : Mr. Javed Aslam, Adv. For the Opposite Party/s : Mr. Sri Ram Anurag Singh, APP. ====================================================== CORAM: HONOURABLE MR. JUSTICE BIRENDRA KUMAR ORAL ORDER 17-10-2017 Heard learned counsel for the petitioners and learned Additional Public Prosecutor for the State. The petitioners are apprehending their arrest in a case registered for the offences punishable under Sections 307 and 304 (B) of the Indian Penal Code. The petitioners are relatives of the husband. Husband is already in jail .

Submission of the learned counsel for the petitioners is that there is material on the record to substantiate that first child of the deceased was born in the month of March, 2010 whereas the statement in the FIR is

Patna High Court Cr.Misc. No.37337 of 2017 (4) dt.17-10-2017 that marriage was solemnized in June, 2010 which is not believable. Hence, it cannot be said that the marriage was solemnized within seven years of her death.

The aforesaid shown omnibus nature of allegation, let the petitioners, above named, in the event of their arrest or surrender before the court below within a period of thirty days from the date of receipt of the order, be released on bail on furnishing bail bond of Rs.20,000 (Twenty Thousand) each with two sureties of the like amount each to the satisfaction of learned court below where the case is pending in connection with Mohammadpur P.S.Case No. 22 of 2017, subject to the conditions as laid down under Section 438(2) of the Code of Criminal Procedure as well as condition that the petitioners shall fully cooperate with the investigation/trial of the case, failing which the court below shall be at liberty to cancel the bail bond of the petitioners. (Birendra Kumar, J) Nitesh/- U T