Guriya Devi @ Archana Kumari v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.12050 of 2022 Arising Out of PS. Case No.-345 Year-2021 Thana- MOKAMAH District- Patna ====================================================== 1.

GURIYA DEVI @ ARCHANA KUMARI W/o Mikki Singh @ Prakash Kumar Resident of Village- Mokama Mulidiar Tola, P.S.- Mokama, DistrictPatna. 2.

Mikki Singh @ Prakash Kumar Son of Sri Chandrachur Prasad Singh @ Sri Chandrachur Singh Resident of Village - Mokama Mulidiar Tola, P.S.- Mokama, District- Patna.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

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

Mr. Mohammad Sufyan, A.P.P.

For the Informant :

Mr. Manish Kumar No. II, Advocate ====================================================== CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA ORAL ORDER 12-09-2022 Heard learned counsel for the petitioners, the informant 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 304(B)/34 of the Indian Penal Code and Sections 3 and 4 of the Dowry Prohibition Act.

Learned counsel for the petitioners submits that petitioner no. 1 is a person with clean antecedent and petitioner no. 2 has antecedent of 3 cases.

The informant alleges that his sister was married with

Patna High Court CR. MISC. No.12050 of 2022(2) dt.12-09-2022 2/3 Vikki Singh @ Vikash Kumar on 21.01.2019 but after marriage the accused persons including the petitioners started demanding dowry of Rs.2,00,000/- and one bed and on non-fulfillment of dowry demand led to torture and on 05.11.2021 the informant received an information that his sister has died. Accordingly, he reached the place of occurrence and saw the dead body of his sister.

Learned counsel for the petitioners submits that petitioner no. 1 is the sister-in-law and petitioner no. 2 is the brother-in-law of the deceased and the husband of the deceased is in custody. Learned counsel further submits that from perusal of the allegation as alleged in the FIR, it would manifest that allegation against the petitioners is general and omnibus in nature. He next submits that the dispute was between the deceased and her husband in which the entire family members came to be implicated. He also submits that it is the duty of the husband to ensure that the wife live with full dignity and honor. Learned APP for the State and the learned counsel for the informant opposed the anticipatory bail application of the petitioners but are not able to rebut the submission of the learned counsel for the petitioners that the husband of the deceased is in custody.

Patna High Court CR. MISC. No.12050 of 2022(2) dt.12-09-2022 3/3 Considering the submissions made by the learned 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 Mokama P.S. Case No. 345 of 2021, subject to the conditions as laid down under Section 438 (2) of the Cr.P.C.

(Satyavrat Verma, J) Kundan/Gaurav U T