Rita Devi v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.11120 of 2022 Arising Out of PS. Case No.-83 Year-2019 Thana- SRINAGAR District- West Champaran ====================================================== 1.

Rita Devi W/o Jagatlal Chaudhary @ Jagalal Chaudhary Resident of Village - Jagdambapur, Bharpatia, P.s.- Srinagar Pujaha, Distt.- West Champaran. 2.

Jagatlal Chaudhary @ Jagalal Chaudhary Son of Late Bhagwan Chaudhary Resident of Village - Jagdambapur, Bharpatia, P.s.- Srinagar Pujaha, Distt.- West Champaran.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Sanjeev Kumar, Advocate For the Opposite Party/s :

Mr.APP ====================================================== CORAM: HONOURABLE MR. JUSTICE CHANDRA SHEKHAR JHA ORAL ORDER 29-11-2022 Heard learned counsel appearing on behalf of the petitioners and learned APP appearing on behalf of the State. Let the defect(s), if any, be removed within a period of four weeks from today.

The petitioners seek bail in connection with Srinagar P.S. Case No. 83 of 2019 registered for the offence under Sections 304(B), 201 and 34 of the Indian Penal Code. The accused/petitioners are named in the F.I.R., where petitioner no.1 is in custody since 04.09.2021, whereas petitioner no.2 is in custody since 10.08.2021. The allegation against the petitioners is to cause death of daughter of the informant, along with other co-

Patna High Court CR. MISC. No.11120 of 2022(3) dt.29-11-2022 2/3 accused/family members, by strangulation and thereafter to destroy evidence, put dead body on fire after pouring kerosene oil, for non-fulfillment of demand of dowry, as raised for a four wheeler vehicle.

Learned counsel appearing on behalf of the petitioners submitted that thrust of allegation is available against the husband of the deceased, who is in custody. It is submitted that petitioners were implicated in the present case, only for the reason that they are the parents of the husband of the deceased, who are living separately, having no connection with daily domestic affairs of the deceased and her husband. While concluding the argument, it is submitted that investigation of this case is complete, for which, charge-sheet has been submitted, as such, there is no chance of tampering with the evidence.

Learned APP appearing on behalf of the State opposes the prayer of bail.

In view of the facts and circumstances as mentioned above, as both petitioners are in-laws, living separately, where thrust of allegation is available against the husband of the deceased coupled with the fact that charge-sheet has already been submitted, let both the petitioners, above named, are

Patna High Court CR. MISC. No.11120 of 2022(3) dt.29-11-2022 3/3 directed to be released on bail in connection with Srinagar P.S. Case No. 83 of 2019 on furnishing bail bond of Rs.10,000/- (Rupees Ten Thousand) each with two sureties of the like amount each to the satisfaction of learned Chief Judicial Magistrate, Bettiah, West Champaran/concerned Court, subject to the conditions as laid down u/s 437(3) of the Cr.P.C. (Chandra Shekhar Jha, J) R.S.Sen/- U T