Samudari Devi v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.10757 of 2020 Arising Out of PS. Case No.-312 Year-2019 Thana- JAHANABAD District- Jehanabad ====================================================== 1.

SAMUDARI DEVI Wife of Ganoari Paswan Resident of Village- Jamuk Jehanabad, P.S.- (Kalpa O.P.), District- Jehanabad. 2.

Baijnath Paswan Son of Ganoari Paswan Resident of Village- Jamuk Jehanabad, P.S.- (Kalpa O.P.), District- Jehanabad. 3.

Amarjeet Paswan Son of Ganoari Paswan Resident of Village- Jamuk Jehanabad, P.S.- (Kalpa O.P.), District- Jehanabad. 4.

Sahja Paswan Son of Ganoari Paswan Resident of Village- Jamuk Jehanabad, P.S.- (Kalpa O.P.), District- Jehanabad. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Arvind Prasad Singh, Advocate For the Opposite Party/s :

Mr. Sanjay Kumar Tiwary, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE ASHUTOSH KUMAR ORAL ORDER 23-08-2021 Heard Mr. Arvind Prasad Singh, learned Advocate for the petitioners and Mr. Sanjay Kumar Tiwary, learned APP for the State.

The petitioners seek bail in anticipation of their arrest in connection with Jehanabad (Kalpa O.P.) P.S. Case No. 312 of 2019 dated 17.04.2019 instituted for the offences under Sections 304(B), 201 and 34 of the Indian Penal Code.

The petitioner no. 1 is the mother-in-law of the deceased. The petitioners no. 2, 3 and 4 are brothers of the husband of the deceased. It has been alleged in the FIR that the daughter of the informant was killed for

Patna High Court CR. MISC. No.10757 of 2020(4) dt.23-08-2021 2/3 non-fulfillment of additional dowry.

Learned counsel for the petitioners has submitted that an absolutely false case has been lodged against the entire family members. The deceased actually was a temperamental person and was also suffering from some kind of mental disorder. She was given all affection in the family but she appears to have harmed herself.

Apart from this, it has been submitted that the deceased and her husband has been living separately from the other family members for about a year after oral partition in the family. The petitioners have got no concern whatsoever with the affairs of the family of the deceased.

The husband of the deceased is stated to be in custody.

Considering the facts aforesaid, the petitioner are directed to be released on bail, in the event of their arrest or surrender before the court below within a period of eight weeks from the date of receipt/production of a copy of this order, on their furnishing bail bonds in the sum of Rs. 10,000/- (Ten Thousand) each with two sureties of the like amount each to the satisfaction of the learned Chief Judicial Magistrate, Jehanabad in connection with Jehanabad

Patna High Court CR. MISC. No.10757 of 2020(4) dt.23-08-2021 3/3 (Kalpa O.P.) P.S. Case No. 312 of 2019, subject to the conditions as laid down under Section 438(2) Cr.P.C. (Ashutosh Kumar, J) krishna/- U T