High Court Patna High Court - Orders

Reema Devi & Anr. vs The State Of Bihar on 30 September, 2011

Patna High Court – Orders
Reema Devi & Anr. vs The State Of Bihar on 30 September, 2011
                IN THE HIGH COURT OF JUDICATURE AT PATNA
                           Cr.Misc. No.30721 of 2011

                    Bhawan Tiwari @ Anil Kumar Tiwari, Son of Late Nathuni
                    Tiwari, R/o Village Basantpur, P.S. Sathi, District West
                    Champaran.
                                                                        ---------- Petitioner
                                        Versus
                    The State Of Bihar
                                                                    -------- Opposite Party
                                         With

                                Cr.Misc. No.32503 of 2011

                    1.Reema Devi, Wife of Ajeet @ Ajeet Mishra.
                    2.Ajeet Mishra @ Ajeet Kumar Dwivedi.
                    Both are Sons of Late Rajendra Dwivedi, R/o Village Parsa,
                    P.S. Bagaha - 1, District West Champaran.
                                                                        ---------- Petitioners
                                            Versus
                    The State Of Bihar
                                                                     -------- Opposite Party
                                          -----------

02/- 30.09.2011 Since both these applications arising out of one case

are taken up together and being disposed of by this composite

order.

Heard learned counsel for the petitioners and

learned Additional Public Prosecutor for the State.

All the three petitioners apprehending their arrest in

connection with a case registered for the offence punishable under

Sections 304(B), 201/34 of the Indian Penal Code, are named

accused in this case being brother-in-law (Dewar), Sister-in-law

(Nanad) and her husband of the deceased daughter of the

informant, who died within two years of her marriage under

suspicious circumstances after suffering from demand of dowry,

torture etc.

Submission is that there is no specific allegation
2

against the petitioners. Moreover, the informant by filing an

application before the court below on 29.07.2011 has taken a U

turn realizing the real facts.

Considering the facts and circumstances of the case,

in the event of informant personally appearing before the court

below and on due identification admits the contents of the petition

with his free will and consent without any coercion and also stood

as one of the bailors, in the event of their arrest/surrender before

the court below within four weeks, let the above named

petitioners be enlarged on bail on furnishing bail-bond of Rs.

10,000/- (ten thousand only) each with two sureties of the like

amount each to the satisfaction of Chief Judicial Magistrate,

Bettiah, West Champaran, in connection with Sathi P.S. Case No.

32 of 2011, subject to condition laid down under Section 438(2)

of the Criminal Procedure Code with additional condition to

remain physically present before the court below till conclusion of

the investigation/submission of the charge-sheet and in case of

failure on two consecutive dates, without giving any reasonable

explanation, the liberty granted shall be deemed to be cancelled.

Praveen/-                           ( Akhilesh Chandra, J.)