Malti Devi And ANR v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Miscellaneous No.11700 of 2017 Arising Out of PS.Case No. -398 Year- 2016 Thana -SIWAN MUFFASIL District- SIWAN ======================================================
1. MALTI DEVI, wife of Krishna Singh,
2. Manisha Kumari, daughter of Krishna Singh, both residents of village - Amlori, P.S.- Siwan Mufassil, District- Siwan. .... .... Petitioner/s
Versus
1. The State of Bihar.
.... .... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s : Mr. Bijay Prakash Singh, Advocate For the Opposite Party/s : Mr. Anand Kishore Choudhary, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE SANJAY PRIYA ORAL ORDER 3/ 17-05-2017 Heard learned counsel for the Petitioners and the State.
The Petitioners apprehend their arrest in Siwan Mufassil P.S. Case No.398 of 2016 instituted for the offence under Section(s) 304-B/34 Indian Penal Code and Section 3⁄4 of the Dowry Prohibition Act.
It has been submitted that the petitioners are the mother-in-law and unmarried Nanad of the deceased. Husband is already in custody.
From the allegation in the written report, it appears that there is general and omnibus allegation against the petitioners. It is mentioned in the written report that son-in-law of the informant assaulted her daughter in presence of his son,
Patna High Court Cr.Misc. No.11700 of 2017 (3) dt.17-05-2017 2/2 daughter and another son-in-law.
In the facts and circumstances of the case, prayer of the petitioners for grant of anticipatory bail is allowed. In the event of surrender/arrest of the petitioners, named above, within six weeks from today in connection with Siwan Mufassil P.S. Case No.398 of 2016, they shall be released on anticipatory bail on furnishing bail bond of `10,000/- (ten thousand) each with two sureties of the like amount each to the satisfaction of the Chief Judicial Magistrate, Siwan, subject to the conditions as laid down under Section 438(2) Cr. P. C.
with further conditions (1) bailors should be local having sufficient immovable property within the jurisdiction of the court concerned, (2) petitioners shall cooperate in the trial and shall be present on each and every date fixed by the court and absence on two consecutive dates without proper and reasonable reason will automatically cancel bail bond of the petitioners and (3) if petitioners tamper with the evidence or the witnesses of the case, in that case, prosecution will be at liberty to move for cancellation of bail of the petitioners.