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Patna High CourtCR. MISC./992/2019disposed

Lalan Mukhiya And ORS v. The State Of Bihar

2019-01-11Mr. Justice Shivaji Pandey2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.992 of 2019 Arising Out of PS. Case No.-342 Year-2018 Thana- CHANPATIA District- West Champaran ======================================================

1. Lalan Mukhiya, S/o Kantu Mukhiya

2. Suman Devi, D/o Kantu Mukhiya

3. Basanti Devi @ Shanti Devi W/o Kantu Mukhiya. All are R/vill-Chanpatia, Ward no.2 Dath Chowk, Bintoli, P.SChanpatia Distt.-West Champaran. ... ... Petitioners

Versus

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

For the Petitioner/s :

Mr. Brij Kishor Mishra, Advocate For the Opposite Party/s :

Mr. Nirmal Kumar Sinha, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE SHIVAJI PANDEY ORAL ORDER 11-01-2019 Heard learned counsel for the petitioners and learned counsel for the State.

In this case, the petitioners are seeking anticipatory bail in connection with Chanpatia P.S. Case No. 342 of 2018 registered for the offence under Sections 304(B) and 201/34 of the Indian Penal Code.

Allegation has been made that the marriage of victim was solemnized with the Grahan Mukhiya, but the petitioners were demanding dowry and on non-fulfillment of dowry demand, they have killed the victim and tried to cremate the dead-body of the deceased.

The petitioner no.1 is the brother-in-law, petitioner no.2 is sister-in-law and petitioner no.3 is mother-in-law of the victim.

Patna High Court Cr.Misc. No.992 of 2019(2) dt.11-01-2019 2/2 Looking to the aforesaid facts, let the petitioner nos. 1 and 2, namely, Lalan Mukhiya and Suman Devi, be released on anticipatory bail in the event of their arrest or surrender before the learned Court below within a period of six weeks from today, on furnishing bail bonds of Rs.10,000/- (Rupees Ten Thousand Only) each with two sureties of the like amount each to the satisfaction of the Additional Chief Judicial Magistrate-IV, Bettiah, West Champaran, in connection with Chanpatia P.S. Case No.342 of 2018, subject to the condition as laid down under Section 438(2) of the Code of Criminal Procedure.

So far the bail of petitioner no.3 is concerned, the same is rejected.

(Shivaji Pandey, J) pawan/- U T