Saraswati Devi v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No. 75121 of 2019 Arising Out of PS. Case No.-137 Year-2019 Thana- EKMA District- Saran ====================================================== 1.
SARASWATI DEVI Wife of Kedar Patel Resident of Village - Parsgarh, P.S.- Ekma, Distt - Saran 2.
Kedar Patel Son of Late Bijli Raut Resident of Village - Parsgarh, P.S.- Ekma, Distt - Saran 3.
Om Prakash Patel Son of Kedar Patel Resident of Village - Parsgarh, P.S.- Ekma, Distt - Saran 4.
Aarti Devi D/o Kedar Patel Resident of Village - Parsgarh, P.S.- Ekma, Distt - Saran. A/P Wife of Pappu Prasad, Village - Kateya, P.S.- Janta Bazar, Distt - Saran.
... ... Petitioner/s
Versus
THE STATE OF BIHAR ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr.Krishna Kant Singh For the Opposite Party/s :
Mr.Surendra Kumar ====================================================== CORAM: HONOURABLE MR. JUSTICE MOHIT KUMAR SHAH ORAL ORDER 02-12-2019 Heard the learned counsel for the petitioners and the learned A.P.P. for the State.
This is an application for grant of anticipatory bail in connection with Ekma PS case no. 137 of 2019 registered for the offences punishable under Sections 302, 304B, 498/34 of Indian Penal Code.
The allegation is regarding the accused persons having killed the deceased-victim lady on account of non-fulfilment of the demand for dowry.
The learned counsel for the petitioners submits that petitioners no. 1, 2, 3 and 4 are the mother-in-law, father-in-law, elder
Patna High Court CR. MISC. No. 75121 of 2019(2) dt.02-12-2019 2/2 brother-in-law and married sister-in-law respectively of the deceasedvictim lady. It is further submitted that if at all, anyone is having complicity in the matter, he is the husband of the deceased-victim lady.
Upon a query being put by this Court to the learned counsel for the petitioners, when the case was taken up earlier, in the last week, as to whether the husband of the deceased- victim lady is willing to surrender so that the petitioners herein can be granted the privilege of anticipatory bail, today the answer on behalf of the petitioners is in the affirmative. The petitioners are said to be having a clean antecedent.
Having regard to the facts and circumstance of the case, I deem it fit and appropriate to direct for release of the petitioners, in the event of their arrest or surrender, by the learned trial court upon such conditions as the learned court below deems fit and appropriate to impose, however subject to the condition that they would produce the surrender certificate regarding the husband of the deceasedvictim lady for the purposes of availing the privilege of anticipatory bail.
The petition stands disposed off on the aforesaid terms. (Mohit Kumar Shah, J) rinkee/- U T