Sona Devi And ANR v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.53370 of 2018 Arising Out of PS. Case No.-90 Year-2017 Thana- THARTHARI District- Nalanda ======================================================

1. Sona Devi, S/o Surendra Chauhan,

2. Surendra Chauhan S/o Late Mahabir Chauhan, Both R/o Vill.- Basta, P.S.- Tharthari, District- Nalanda.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Ajay Mukherjee For the Opposite Party/s :

Mr. Sri Rajendra Nath Jha ====================================================== CORAM: HONOURABLE MR. JUSTICE S. KUMAR ORAL ORDER 11-10-2018 Heard learned counsel for petitioners and learned counsel for the State.

Petitioners, who are in custody, seek bail in connection with Tharthari P.S. Case No. 90 of 2017 registered for the offences punishable under Sections 304(B), 201 and 34 of the Indian Penal Code.

Allegation against petitioners are killing of the daughter of informant due to non-fulfillment of demand of dowry. Petitioner no. 1 is mother-in-law whereas petitioner no.2 is father-in-law.

It has been submitted on behalf of the petitioners that they are innocent and have committed no offence. They have been falsely implicated in this case only on suspicion. As

Patna High Court Cr.Misc. No.53370 of 2018(4) dt.11-10-2018 2/2 per FIR date of occurrence is 25.10.2017 but FIR lodged on 28.10.2017 after delay of 3 days. Allegation against the petitioners are general and omnibus in nature. They have no criminal antecedent and they are in custody since 10.06.2018. It has been further submitted that similarly placed co-accused has been granted bail by co-ordinate Bench of this Court in Cr. Misc. No. 50049 of 2018 vide order dated 13.09.2018. Considering the aforesaid fact and circumstances of the case, let the petitioners named above be released on bail upon furnishing bail bonds of Rs. 10,000/- (ten thousand) each with two sureties of the like amount each to the satisfaction of learned Additional Chief Judicial Magistrate-1, Hilsa (Nalanda) in connection with Tharthari P.S. Case No. 90 of 2017 with a condition that husband of the deceased has to be surrendered. (S. Kumar, J) Rajiv/ManojU T