Phul Kumari Devi And ORS v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.8658 of 2019 Arising Out of PS. Case No.-229 Year-2018 Thana- THAWE District- Gopalganj ======================================================

1. Phul Kumari Devi, aged about 55 years, Female, W/o Sri Bunni Lal Sah

2. Renu Devi, aged about 26 years, Female, W/o Rakesh Kumar Sah

3. Tara Devi, aged about 22 years, Female, W/o Mukesh Sah

4. Chandani Devi, aged about 21 years, Female, W/o Mukenji Sah, R/o VillageRamchandrapur, P.S- Thawe, District-Gopalganj. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Ranjeet Kumar Pandey For the Opposite Party/s :

Mr.Satyendra Prasad ====================================================== CORAM: HONOURABLE MR. JUSTICE DINESH KUMAR SINGH ORAL ORDER 14-02-2019 Heard learned counsels for the petitioners and the State.

The petitioners, being the mother and wives of the cousin of the husband of the victim are apprehending arrest in a case registered for the offences punishable under Sections 304B and 328/34 of the IPC.

The prosecution case, as per the written report of Yashwant Sah, dated 20.11.2018, submitted to the Station House Officer, Thawe Police Station, is to the effect that the sister of the informant, namely, Poonam Devi was married with co-accused, Pawan Sah, but after some time of the marriage, further dowry

Patna High Court Cr.Misc. No.8658 of 2019(2) dt.14-02-2019 2/3 demand of a gold chain and a motorcycle was made and due to non-fulfillment of the same, she was being tortured by all the accused persons including the petitioners. It is alleged that on 20.11.2018 at 5.30 P.M., the informant came to know that all the accused persons have killed her sister by poisoning. It is submitted by learned counsel for the petitioners that accusation against the petitioners is omnibus and general. Thrust of accusation is against the husband of the victim and the petitioners claim to be separate from the husband of the victim. Learned APP submits that the petitioners are named in the FIR.

Considering the fact that the thrust of accusation is against the husband of the victim and the accusation against the petitioners being omnibus and general, coupled with the statement made in paragraph no.3 of the petition that the petitioners are not having any criminal antecedent, let the above named petitioners be released on anticipatory bail in the event of arrest/surrender before the learned Court below within a period of twelve weeks from today, on furnishing bail bonds of Rs. 10,000/- (ten thousand) each with two sureties of like amount each to the satisfaction of learned CJM, Gopalganj in connection with Thawe P.S. 229 of 2018, subject to the

Patna High Court Cr.Misc. No.8658 of 2019(2) dt.14-02-2019 3/3 condition as laid down under Section 438(2) of the Cr. P.C. (Dinesh Kumar Singh, J) Amrendra/- U T