Rajiya Devi @ Sita Devi And ANR v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.21184 of 2018 Arising Out of PS.Case No. -311 Year- 2017 Thana -LALGANJ District- VAISHALI(HAJIPUR) ======================================================

1. Rajiya Devi @ Sita Devi, Wife of Prabhunath Singh

2. Prabhunath Singh, Son of Shiv Nandan Singh. Both are residents of Village Kharauna, P.S. Lalganj, District- Vaishali. .... .... Petitioner/s

Versus

1. The State of Bihar.

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

For the Petitioner/s : Mr. Mukesh Kumar, Advocate For the Opposite Party/s : Mr. Vinod Shankar Modi, A.P.P. ====================================================== CORAM: HONOURABLE MR. JUSTICE VINOD KUMAR SINHA ORAL ORDER 19-06-2018 Heard learned counsel for the petitioners and leaned Additional Public Prosecutor of the State.

The petitioners are apprehending their arrest in connection with Lalganj P.S.Casse No.311 of 2017, registered for offences punishable under Sections 304 (B), 302 and 201/34 of the Indian Penal Code.

The accusation against the petitioners is of killing the deceased, daughter of the informant by petitioners, who are mother-in-law and father -in-law respectively, for non fulfillment of the dowry demand.

Submission of the learned counsel for the petitioners is that they never subjected to torture in any manner to

Patna High Court Cr.Misc. No.21184 of 2018 (3) dt.19-06-2018 2/2 the deceased, rather she died due to illness after snake bite. It is also submitted that they have been falsely implicated in this case and they have no criminal antecedents.

Learned Additional Public Prosecutor and learned counsel for the informant oppose the prayer of bail. In the facts and circumstances of the case, and taking into consideration the fact, the prayer of Anticipatory bail of petitioners are allowed and they in the event of arrest or surrender before the Court below within a period of six weeks from the date of the order, be released on anticipatory bail on furnishing bail bonds of Rs. 25,000/- ( Twenty five thousand) each with two sureties of the like amount each in connection with Lalganj P.S.Case No. 311 of 2017 to the satisfaction of learned Chief Judicial Magistrate, Vaishali at Hajipur, subject to the conditions laid down under Section 438 ( 2) Cr.P.C. with other that bailors should be local having sufficient immovable property within the jurisdiction of the Court concerned and petitioners shall cooperate in the investigation and shall be present before the police as and when required, otherwise, prosecution is at liberty to move for cancellation of their bail bonds (Vinod Kumar Sinha, J) Sudha/- U T