Sushma Devi And ORS v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.51762 of 2018 Arising Out of PS.Case No. -372 Year- 2018 Thana -NATHNAGAR District- BHAGALPUR ======================================================

1. Sushma Devi, W/o Sanjay Yadav,

2. Muskan Devi W/o Chandan Yadav,

3. Sanjay Yadav S/o Late Chathu Yadad,

4. Chandan Yadav S/o Late Chathu Yadav, All Residents of Vill.- Bhatoria, P.S.- Madhusudanpur, District- Bhagalpur.

.... .... Petitioners

Versus

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

For the Petitioner/s : Mr. Indeshwari Prasad Mandal For the Opposite Party/s : Mr. Pradeep Narain Kumar ====================================================== CORAM: HONOURABLE MR. JUSTICE SUDHIR SINGH ORAL ORDER 28-09-2018 Heard learned counsel for the petitioners and learned APP for the State.

The petitioners are apprehending their arrest in a case registered under Sections 341, 323, 498A, 304(B)/34 of the Indian Penal Code.

Allegation against the petitioners is of committing torture and causing death of the victim due to non-fulfillment of demand of dowry.

It has been submitted on behalf of the petitioners that the petitioners have got no criminal antecedent. There is no allegation of tampering of witnesses alleged against the petitioners. The petitioner Nos. 1 & 2 are Gotanis whereas petitioner Nos. 3 & 4

Patna High Court Cr.Misc. No.51762 of 2018 (2) dt.28-09-2018 are Bhainsur of the deceased. They are separate in mess and property from husband of the deceased. They have no concern with the alleged occurrence.

On behalf of the State, it is submitted that the petitioners are named in the Complaint Case/F.I.R.

Considering the aforesaid facts and circumstances, let the petitioners, above named, in the event of arrest/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/- (Ten thousand) each with two sureties of the like amount each to the satisfaction of learned Additional Chief Judicial Magistrate-Ist, Bhagalpur in connection with Nathnagar (Madhusudanpur) P.S. Case No. 372 of 2018, subject to the conditions as laid down under Section 438(2) of the Code of Criminal Procedure.

(Sudhir Singh, J) A.K.V./- U T