Natwar Sharma @ Natai Sharma And ANR v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Miscellaneous No.80517 of 2018 Arising Out of PS. Case No.-101 Year-2018 Thana- BHAPTIAHI District- Supaul ======================================================
1. Natwar Sharma @ Natai Sharma Son of Late Mohan Sharma.
2. Poly Devi. Wife of Natwar Sharma @ Nata Sharma Both are resident of Villag- Bishanpur Ward No. 06. Police Station - Bhaptiyahi, District- Supaul. ... ... Petitioner/s
Versus
The State Of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr.Naresh Kumar Mehta For the Opposite Party/s :
Mr.Sri Anant Kumar ====================================================== CORAM: HONOURABLE MR. JUSTICE S. KUMAR ORAL ORDER 21-02-2019 Heard learned counsel for the parties.
Petitioners seek bail in Bhaptiyahi P.S. Case No. 101 of 2018 registered for the offence punishable under Sections 304 (b), 201 and 34 of the Indian Penal Code.
Informant is brother of deceased who has alleged in his written complaint that marriage of his sister was solemnized with son of petitioners. However, she was being tortured for non-fulfillment of demand of dowry and ultimately she was killed.
It has been submitted on behalf of the petitioners that they are father-in-law and mother-in-law of the deceased, they were residing separately and had no concern with the affairs of
Patna High Court Cr.Misc. No.80517 of 2018(4) dt.21-02-2019 2/3 his son or daughter-in-law. It has been further submitted on behalf of the petitioners that the father and grand father of the deceased were present at the time of cremation. Petitioners have got no criminal antecedent and are in custody since 14.09.2018.
Considering the aforesaid facts and circumstances of the case, let the petitioners named above be released on bail upon furnishing bail bonds of Rs. 10,000/- each with two sureties of the like amount each to the satisfaction of learned Chief Judicial Magistrate, Supaul, in connection with Bhaptiyahi P.S. Case No. 101 of 2018, with following conditions:- (1)Bailors should be local having sufficient immovable property within the jurisdiction of the court concerned.
(2) Petitioners shall co-operate in the trial and shall be properly represented on each and every date fixed by the court and shall remain physically present as directed by the Court and their absence on two consecutive dates without sufficient reason, their bail bonds shall be cancelled by the court below.
(3) If the petitioners tamper with the evidence or the witnesses of the case, in that case, prosecution will
Patna High Court Cr.Misc. No.80517 of 2018(4) dt.21-02-2019 3/3 be at liberty to move for cancellation of bail of the petitioners.
(S. Kumar, J) manoj/- U