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Patna High CourtCR. MISC./73784/2019bail granted

Neela Devi v. The State Of Bihar

2020-03-06Mr. Justice Dinesh Kumar Singh3 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.73784 of 2019 Arising Out of PS. Case No.-414 Year-2019 Thana- TURKAULIYA District- East Champaran ====================================================== 1.

Neela Devi Wife of Bindeshwar Sahani Resident of Village- Mukhtishpur, Dhanger Tola, P.S.- Banjariya, District- East Champaran. 2.

Shobha Devi Wife of Chandeshwar Sahni Resident of Village- Mukhtishpur, Dhanger Tola, P.S.- Banjariya, District- East Champaran. 3.

Chandeshwar Sahani Son of Kapil Deo Sahani Resident of VillageMukhtishpur, Dhanger Tola, P.S.- Banjariya, District- East Champaran. ... ... Petitioner/s

Versus

The State Of Bihar ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Anil Kumar For the Opposite Party/s :

Mr.Anand Kishore Choudhary ====================================================== CORAM: HONOURABLE MR. JUSTICE DINESH KUMAR SINGH ORAL ORDER 06-03-2020 Heard learned counsel for the petitioners and learned APP for the State.

The petitioners, being the sisters-in-law and brother of the husband of the victim, are apprehending their arrest in a case registered for the offences punishable under Sections 304B, 120B and 201/34 of the Indian Penal Code.

The prosecution case as per the written report of Umesh Sahni submitted to the Station House Officer of Banjariya O.P. is to the effect that the daughter of the informant, Soni Kumari was married with co-accused Santosh Kumar

Patna High Court CR. MISC. No.73784 of 2019(3) dt.06-03-2020 2/3 three years prior to the lodging of the case. Subsequently, there was further dowry demand of a motorcycle and for non-fulfillment of the same, torture was inflicted upon the victim. On 24.06.2019, all in-law family members killed the daughter of the informant and disposed of the dead body. It is submitted by learned counsel for the petitioners that the thrust of accusation is against the husband of the victim, who has been granted bail, and accusation is omnibus and general against the petitioners.

Learned APP after going through the case diary submits that all the accused persons killed the daughter of the informant for non-fulfillment of dowry demand. Considering the fact that the thrust of accusation against the husband of the victim, who has granted bail, and accusation being omnibus and general against the petitioners, let the above named petitioners be released on anticipatory bail in the event of arrest or surrender before the learned Court below within a period of twelve weeks from today, on furnishing bail bonds of Rs.10,000/- (Ten thousand) each with two sureties of the like amount each to the satisfaction of learned Chief Judicial Magistrate, East Champaran at Motihari in connection with Turkauliya (Banjariya) P.S. Case No. 414 of

Patna High Court CR. MISC. No.73784 of 2019(3) dt.06-03-2020 3/3 2019, subject to the conditions as laid down under Section 438(2) of the Cr.P.C.

(Dinesh Kumar Singh, J) DKS/- U T