Mangeshwari Kunwar @ Mangari Kunwar And ORS v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Miscellaneous No.41143 of 2018 Arising Out of PS.Case No. -73 Year- 2018 Thana -ROHTAS District- SASARAM (ROHTAS) ======================================================
1. Mangeshwari Kunwar @ Mangari Kunwar, W/o Late Brahmdeo Chaudhary,
2. Rekha Devi W/o Om Prakash Chaudhary,
3. Om Prakash Chaudhary S/o Late Brahmdeo Chaudhary, All R/o Vill.- Rasulpur, P.S.- Rohtas, District- Rohtas, at Sasaram. .... .... Petitioner/s
Versus
1. The State of Bihar .... .... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s : Mr. Kamla Kant Pandey For the Opposite Party/s : Mr. Ahtash Ali Khan ====================================================== CORAM: HONOURABLE MR. JUSTICE VINOD KUMAR SINHA ORAL ORDER 13-09-2018 The petitioners are apprehending their arrest in connection with Rohtas P.S. Case No. 73 of 2018, registered for offences punishable under Sections 304(B)/34 of the Indian Penal Code.
Petitioner no. 1 is mother-in-law, petitioner no. 2 is Gotni and petitioner no. 3 is Devar, of the deceased and the allegation against them is of committing dowry death of the deceased. Submission of learned counsel for the petitioners is that the deceased has died due to burn injury, which she received at the time of preparing food and the same was informed by the husband of the deceased to the informant and during treatment she died. It has further been submitted that there is delay of one month in
Patna High Court Cr.Misc. No.41143 of 2018 (3) dt.13-09-2018 2/3 lodging the F.I.R.
Heard learned A.P.P. also.
Having heard both sides, in view of the above facts, let the petitioners above named, in the event of their arrest or surrender before the court below within a period of six weeks from the date of receipt/production of a copy of this order, be enlarged on bail on furnishing bond of Rs. 25,000 (Rs. Twenty Five Thousand) each with two sureties of the like amount each to the satisfaction of learned Chief Judicial Magistrate, Rohtas at Sasaram, in connection with Rohtas P.S. Case No. 73 of 2018, subject to the conditions as laid down under Section 438(2) of the Cr.P.C, as well as subject to the following conditions, it is further subject to the condition that:- (i) One of the bailors of the petitioners shall be a local person having sufficient immovable property within the jurisdiction of the concerned Court.
(ii) The petitioners shall cooperate in the investigation and make themselves available as and when required by the police and on the event of failure on their part to appear before the police on two consecutive dates
Patna High Court Cr.Misc. No.41143 of 2018 (3) dt.13-09-2018 3/3 without showing any genuine reasons, the prosecution is free to move for cancellation of their bail bonds.
(Vinod Kumar Sinha, J) sunil/Amjad/- U T