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Patna High CourtCR. MISC./63201/2022bail granted

Shisholi Devi @ Sormani Devi v. The State Of Bihar

2023-07-03Mr. Justice Satyavrat Verma2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.63201 of 2022 Arising Out of PS. Case No.-28 Year-2015 Thana- SUPAUL District- Supaul ====================================================== 1.

Shisholi Devi @ Sormani Devi Wife Of Sakaldev Mukhiya R/O Vill.- Ward No. 4, P.S.- Supual, Distt.- Supaul 2.

Sakaldev Mukhiya Son Of Pitambar Mukhiya R/O Vill.- Ward No. 4, P.S.- Supual, Distt.- Supaul 3.

Anokha Devi Wife Of Kishundev Mukhiya R/O Vill.- Ward No. 4, P.S.- Supual, Distt.- Supaul 4.

Domni Devi Wife Of Vilash Mukhiya R/O Vill.- Ward No. 14, P.S.- Supual, Distt.- Supaul ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Mohit Shriwastava, Advocate For the Opposite Party/s :

Mr. Ganesh Prasad Singh, aPP ====================================================== CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA ORAL ORDER 03-07-2023 Heard learned counsel for the petitioners and learned A.P.P. for the State.

The petitioners apprehend their arrest in a case registered for the offences punishable under Sections 306 and 34 of the Indian Penal Code.

Learned counsel for the petitioners submits that the petitioners are persons with clean antecedent and are not named in the FIR, petitioner no.1 and 3 are bhabhi of the deceased and petitioner no.2 is elder brother-in-law of the deceased. Learned counsel for the petitioners submits that from perusal of the allegation as alleged in the FIR it would manifest

Patna High Court CR. MISC. No.63201 of 2022(6) dt.03-07-2023 2/2 that the informant is not an eyewitness to the occurrence and has levelled general and omnibus allegation of demanding dowry and torture against the petitioners, it is next submitted that the husband of the deceased was in custody and in a full-fledged trial he has been acquitted as would be evident from Annexure-3 to the anticipatory bail application.

Learned A.P.P. for the State opposes the prayer for anticipatory bail of the petitioners.

Considering the submissions made by the learned counsel for the petitioners, the petitioner nos. 1, 2 and 3 in the event of their arrest or surrender before the learned Court below within a period of six weeks from today, be released on anticipatory bail on furnishing bail bonds of Rs. 10,000/- (Rupees Ten Thousand) each with two sureties of the like amount each to the satisfaction of the learned court below where the case is pending/successor court in connection with Supaul P.S. Case No. 28 of 2015 G.R. No. 135/15 subject to the conditions as laid down under Section 438 (2) of the Cr.P.C. (Satyavrat Verma, J) Rishi/- U T