Shobha Devi v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.7058 of 2022 Arising Out of PS. Case No.-432 Year-2021 Thana- SUGAULI District- East Champaran ====================================================== 1.
SHOBHA DEVI W/o Anil Mishra R/o village- Sugawn, P.S.- Sugauli, District- East Champaran 2.
Anil Mishra S/o Ramchandra Mishra R/o village- Sugawn, P.S.- Sugauli, District- East Champaran ... ... Petitioner/s
Versus
THE STATE OF BIHAR ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Dhannjay Kumar No 2, Advocate For the Opposite Party/s :
Mr. A.P.P.
For the Informant :
Mr. Kundan Rathore, Advocate ====================================================== CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA ORAL ORDER 30-08-2022 Heard learned counsel for the petitioners and learned A.P.P. for the State.
Let the defect(s), if any, be removed within a period of four weeks.
The petitioners apprehend their arrest in a case registered for the offences punishable under Sections 302, 201 and 120(B) of the Indian Penal Code.
Learned counsel for the petitioners submits that petitioners are persons with clean antecedent and are father-inlaw and mother-in-law of the deceased. The informant alleges that his daughter was married to Bhola Mishra on 22.05.2015 and, after four years of marriage, the accused persons started assaulting and harassing
Patna High Court CR. MISC. No.7058 of 2022(2) dt.30-08-2022 2/3 his daughter regularly at the instigation of their neighbour Harish Chandra Mishra and Jay Chandra Mishra. Further, on 07.10.2021, the informant got an information that his daughter has been killed.
Learned counsel for the petitioners submits that petitioners have been falsely implicated in the present case and from perusal of the allegation as alleged in the FIR, it would manifest that the informant himself alleges that the deceased was being harassed and assaulted four years after marriage. This amply demonstrates that the marriage of the deceased was peaceful prior to the allegation of harassment. He further submits that falsity of the allegation also manifests from the fact that absolutely no reason has been assigned in the FIR that as to why the deceased was being harassed or tortured. He next submits that there is no demand of any dowry also and the husband of the deceased is in custody.
Learned A.P.P. for the State and the informant opposed the prayer for anticipatory bail of the petitioners but are not able to meet the submission of the learned counsel for the petitioners that the FIR does not assign any motive or reason for the occurrence and the husband of the deceased is in custody. Considering the submissions made by the learned
Patna High Court CR. MISC. No.7058 of 2022(2) dt.30-08-2022 3/3 counsel for the petitioners, the petitioners above-named, in the event of their arrest or surrender before the learned Court below within a period of six weeks from today, be released on anticipatory bail on furnishing bail bonds of Rs.10,000/- (Rupees Ten Thousand) each with two sureties of the like amount each to the satisfaction of the learned court below where the case is pending/successor court in connection with Sugauli P.S. Case No. 432 of 2021, subject to the conditions as laid down under Section 438 (2) of the Cr.P.C.
(Satyavrat Verma, J) Kundan/- U T