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Lalita Devi and Ors. v. The State Of Bihar

Patna HC7 Jul 2017CR. MISC./30648/2017

Case brief

AI extract

What is this about?

The High Court at Patna ordered the enlargement of four petitioners on bail in a P.S. case involving alleged dowry-related murder. Petitioners 2 and 3 (wives) were granted bail given their husbands were on anticipatory bail. Petitioners 1 and 4 (elderly) were granted regular bail considering their age and a compromise petition filed by the informant asserting their innocence.

What did the court decide?

Petitioners 2 and 3 directed to be enlarged on bail with bonds of Rs. 10,000/- each. Petitioners 1 and 4 directed to be enlarged on regular bail with bonds of Rs. 10,000/- each with two sureties.

Lalita Devi and Ors. Vs The State Of Bihar — Dowry and Cruelty | Patna HC (2017)

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IN THE HIGH COURT OF JUDICATURE AT PATNA Criminal Miscellaneous No.30648 of 2017

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Arising Out of PS.Case No. -150 Year- 2016 Thana -BAKHTIARPUR District- SAHARSA

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====================================================== 1. Lalita Devi, W/o Srikant Singh, 2. Rani Devi, W/o Yasbant Singh,

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Chanchal Devi, W/o Balbant Singh,

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Srikant Singh Son of Late Rameshwar Singh, All are Resident of Village Kathdumar, P.S.- Simri Bakhtiyarpur, District- Saharsa. .... .... Petitioner/s Versus The State of Bihar .... .... Opposite Party/s ====================================================== Appearance : For the Petitioner/s : Mr. Krishna Pd. Singh, Sr. Adv. Mr. Rakesh Singh For the Opposite Party/s : Mr.

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====================================================== CORAM: HONOURABLE MR. JUSTICE MOHIT KUMAR SHAH ORAL ORDER

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2 07-07-2017 Heard the learned Senior counsel Mr. Krishna Prasad Singh assisted by the Advocate on Record, namely, Rakesh Singh.

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The petitioners seek regular bail in connection with Bakhtiyarpur P.S. Case No. 150 of 2016, registered for the offence punishable under Sections 304(B)/34, 342, 323, 324 of the Indian Penal Code and Section 3/4 of Dowry Prohibition Act.

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The informant i.e. the father of the deceased, is said to have solemnised the marriage of his daughter with Mukesh Kumar Singh i.e. the son of petitioner nos. 1 and 4 herein on 28.12.2013 and his daughter was blessed with one daughter from their wedlock. After sometime, it is alleged that the accused persons started making demand of dowry and on non-fulfilment of the

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Patna High Court Cr.Misc. No.30648 of 2017 (2) dt.07-07-2017

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2/3

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same, the accused persons had hatched up a conspiracy and murdered the daughter of the informant and threw her dead body into the river in a half burnt state.

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The learned Senior counsel for the petitioners submits that two of the accused persons, namely, Yasbant Singh @ Jasbant Singh and Balbant Singh have already been granted anticipatory bail by this Court by order dated 22-09-2016 passed in Cr. Misc.No. 29359 of 2016, being the brothers-in-law of the deceased. It is further submitted that the petitioner nos. 2 and 3 herein are wives of the said two accused persons, who have already been enlarged on anticipatory bail. It is further submitted that so far as the petitioner nos. 1 and 4 are concerned, they are old and they are in custody since 17.05.2017. It has also been contended by the learned Senior counsel that the informant has filed a compromise petition before the learned trial court, inter alia, stating therein that there is no complicity of the petitioners/ accused persons in the death of the daughter of the informant. Such compromise petition is said to have been taken on record by the learned trial court.

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Having regard to the facts and circumstances of the case, the petitioner nos. 2 and 3 above named, who are the wives of Yasbant Singh and Balbant Singh, who have already been

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Patna High Court Cr.Misc. No.30648 of 2017 (2) dt.07-07-2017

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3/3

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granted anticipatory bail by this Court, are directed to be enlarged on bail on furnishing bail bonds of Rs. 10, 000/- each with two sureties of the like amount each to the satisfaction of learned C.J.M., Saharsa in connection with Bakhtiyarpur P.S. Case No. 150 of 2016.

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Further, upon perusal of the records and considering the fact that the informant had filed a compromise petition before the learned trial court stating that the accused persons are innocent as well as considering the age of petitioner nos. 1 and 4, I deem it fit and proper to enlarge them on regular bail as well.

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Accordingly, the petitioner nos. 1 and 4 above named are also directed to be enlarged on bail on furnishing bail bonds of Rs. 10, 000/- each with two sureties of the like amount each to the satisfaction of learned C.J.M., Saharsa in connection with Bakhtiyarpur P.S. Case No. 150 of 2016.

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(Mohit Kumar Shah, J)

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BTiwary/-

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U T

Lalita Devi and Ors. v. The State Of Bihar

Case brief

What is this about?

What did the court decide?

Lalita Devi and Ors. v. The State Of Bihar

Case brief

What is this about?

What did the court decide?

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