Ramashankar Pasi And ORS v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.39553 of 2017 Arising Out of PS.Case No. -68 Year- 2017 Thana -RAGHUNATHPUR District- SIWAN ======================================================

1. Ramashankar Pasi , son of Late Sughriv Pasi

2. Soniya Devi wife of Ramashankar Pasi

3. Vinod Pasi, son of Ramashankar Pasi

4. Parmod Pasi, son of Ramashankar Pasi

5. Rinki Devi, wife of Vinod Pasi, All Resident of village Sultanpur, P. S. Raghunathpur, District-Siwan.... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Ajay Kumar Pandey For the Opposite Party/s : Mr. Sri Ramesh Chandra ====================================================== CORAM: HONOURABLE MR. JUSTICE CHAKRADHARI SHARAN SINGH ORAL ORDER 19-08-2017 Heard learned counsel for the parties.

This application for anticipatory bail arises out of Ragunathpur P.S. Case N0. 68 of 2017, disclosing offences under Sections 498A,304B/34 of the Indian Penal Code and Sections 3/4 of the Dowry Prohibition Act.

Petitioner Nos. 1 and 2 are the father-in-law and mother-in-law of the deceased. Petitioner Nos. 3 and 4 are brothers of the husband of the deceased, whereas petitioner No.5 is wife of petitioner No.3. Apparently they are in-laws of the deceased.

Learned counsel for the petitioners appears to be right in his submission that there is no specific allegation against these petitioners of having made demand of dowry or tortured the deceased in any manner whatsoever. It has also

been submitted that the husband of the deceased is in custody.

It appears from the materials on record that matrimonial discord between the husband an wife is the reason behind occurrence. No purpose will be served, if the petitioners are taken into custody.

It is submitted that the petitioners shall present themselves before the police as and when required and there is no chance that they will tamper with the evidence or influence the witnesses.

Considering the nature of accusation and submissions advanced on behalf of the petitioners, this application is allowed.

Let the petitioners above named in the event of their arrest/surrender within six weeks from today in the Court below, 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 the learned Additional Chief Judicial Magistrate-VIII, Siwan in Raghunathpur P.S. Case No. 68 of 2017, subject to the conditions as laid down under Section 438(2) of the Code of Criminal Procedure. This is subject to the condition that the petitioners shall present themselves before the Police/Court, as the case may be, as and when required and in the event of

failure on their part to appear before the Court on two consecutive occasions, their bail bonds shall be liable to be cancelled.

(Chakradhari Sharan Singh, J) ArunKumar/- U