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Judgment
19 paragraphs · 377 wordsHeard learned counsel for the petitioners and learned APP for the State.
The petitioners apprehend arrest in connection with Yogapatti (Nawalpur) PS Case No. 250 of 2019 dated 30.06.2019 instituted under Sections
304B/34 of the Indian Penal Code.
The petitioners are the in-laws of the deceased, who was the niece of the informant.
Learned counsel for the petitioners submitted that they being the father-in-law and mother-in-law, have no role in the incident for the reason that
death occurred at Bettiah where their son, who is the husband of the deceased, was working and with whom, the deceased was living whereas they
live in the village away from Bettiah. It was submitted that the petitioner no. 2 is a school teacher in the village. It was further submitted that the dead
body being brought from Bettiah town to the village clearly shows that they were living in the village, where death had not occurred. Learned counsel
submitted that even otherwise, there was no past complaint of any torture or demand of dowry and whatever happened, at best was between the
husband and the wife for which the petitioners cannot be held responsible. Learned counsel further submitted that the husband is in custody in the
present case.
Learned APP, from the case diary, submitted that the being the in-laws, they cannot plead innocence. However, he was not in a position to
controvert the fact that except for abrasion on keen and right thigh, there has been only strangulation found on the neck, with no other injury.
Having considered the facts and circumstances of the case and submissions of learned counsel for the parties, in the event of arrest or surrender
before the Court below within six weeks from today, the petitioners be released on bail upon furnishing bail bonds of Rs. 25,000/- (Twenty Five
thousand) each with two sureties of the like amount each to the satisfaction of the learned Chief Judicial Magistrate, Bettiah, West Champaran in
Yogapatti (Nawalpur) PS Case No. 250 of 2019, subject to the conditions laid down in Section 438(2) of the Code of Criminal Procedure, 1973. One
of the bailors shall be a close relative of the petitioners.
The application stands disposed off in the aforementioned terms.
