Putul Devi @ Putul Kumari Devi And ORS v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.30282 of 2018 Arising Out of PS.Case No. -85 Year- 2015 Thana -BANIAPUR District- SARAN ======================================================

1. Putul Devi @ Putul Kumari Devi, Wife of Nagendra Sah,

2. Nagendra Sah @ Nagendra Kr. Sah, Son of Rupa Sah,

3. Jitendra Sah, Son of Rupa Sah,

4. Sunaina Devi, Wife of Rupa Sah,

5. Rupa Sah, Son of Khelari Sah, All resident of Village- Lauwankala, P.S.- Baniapur, District- Saran.

.... .... Petitioner/s

Versus

1. The State of Bihar.

.... .... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s : Mr. Sanjay Kumar Singh For the Opposite Party/s : Mr. Sri Ataur Rahman ====================================================== CORAM: HONOURABLE MR. JUSTICE VINOD KUMAR SINHA ORAL ORDER 26-06-2018 Earlier in this case petitioner nos. 1, 2 and 3 have already been granted the privilege of anticipatory bail by a coordinate Bench of this Court vide order dated 18.05.2018. So far petitioner nos. 4 and 5 are concerned, they are apprehending their arrest in connection with Baniapur P.S. Case No. 85 of 2015, registered for offences punishable under Sections 304(B), 201 and 34 of the Indian Penal Code and Section 3/4 Dowry Prohibition Act.

Allegation against the petitioners is of demand of dowry and causing the death of the deceased.

It has been submitted on behalf of the petitioners that

Patna High Court Cr.Misc. No.30282 of 2018 (3) dt.26-06-2018 2/3 they are mother in law and father in law and has nothing to do with the death of the deceased and no specific allegation has been attributed to them and the evidence has come that they are living separately with the husband of the deceased.

Heard learned A.P.P. also.

Having heard both sides, in view of the above facts, let the petitioner nos. 4 and 5, 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 Additional Chief Judicial Magistrate -XI, Saran at Chapra, in connection with Baniapur P.S. Case No. 85 of 2015, 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

Patna High Court Cr.Misc. No.30282 of 2018 (3) dt.26-06-2018 3/3 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 without showing any genuine reasons, the prosecution is free to move for cancellation of their bail bonds.

(Vinod Kumar Sinha, J) sunil/- U T