Devanti Devi v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.18740 of 2024 Arising Out of PS. Case No.-113 Year-2023 Thana- DUMRAO District- Buxar ====================================================== 1.
DEVANTI DEVI WIFE OF MANI JI TIWARI @ MANI TIWARI RESIDENT OF VILLAGE - SURAUNDHA, P.S. - DUMRAON, DISTRICT - BUXAR 2.
GANGA SAGAR TIWARI @ RATAN TIWARI SON OF MANI JI TIWARI @ MANI TIWARI RESIDENT OF VILLAGE - SURAUNDHA, P.S. - DUMRAON, DISTRICT - BUXAR 3.
SANTU TIWARI @ CHHOTI DEVI WIFE OF GANGA SAGAR TIWARI @ RATAN TIWARI RESIDENT OF VILLAGE - SURAUNDHA, P.S. - DUMRAON, DISTRICT - BUXAR ... ... Petitioner/s
Versus
THE STATE OF BIHAR ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Anand Kumar Ojha, Advocate For the Opposite Party/s :
Mr. Shailendra Kumar Singh, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH ORAL ORDER 08-05-2024 Heard learned counsel for the petitioners and the State.
2. Petitioners apprehend their arrest in a case registered for the offence punishable under sections 304 and 34 of the Indian Penal Code.
3. The prosecution case in brief is that the marriage of daughter of the informant solemnized with Ranjeet Tiwary in the year 2021 and from wedlock they have one baby . After three months of the marriage , all the F.I.R., named accused
Patna High Court CR. MISC. No.18740 of 2024(3) dt.08-05-2024 2/3 persons including these petitioners started harassing and toturting daughter of the informant. It is further alleged that the father-in-law of the deceased assaulted her on stomach and other co-accused persons including these petitioners caught hold of her, as a result of which she sustained abdominal injury and during course of treatment she died due to septicemic shock .
4. Learned counsel for the petitioners submits that petitioner No. 1 is mother-in-law , petitioner No. 2 is devar and petitioner No. 3 is wife of petitioner No. 2. These petitioners have falsely been implicated in this case. Informant is not an eye witness of the alleged occurrence and deceased sustained abdominal injury in normal course and during treatment she died due to septicemic shock . Even as per F.I.R., it was coaccused Manish Tiwary, father-in-law of the deceased who assaulted on her stomach. Petitioner are separate in mess and property and has got no concern with the affairs of the couple. Petitioners claim clean antecedent.
5. Learned counsel for the State oppose the bail petition.
6 Considering the aforesaid facts and circumstances of the case, in the event of arrest or surrender within six weeks from today, let the petitioners, as named above, be enlarged on
Patna High Court CR. MISC. No.18740 of 2024(3) dt.08-05-2024 3/3 bail on furnishing bail bond of Rs.10,000/-(ten thousand) each with two sureties of the like amount each to the satisfaction of the learned CJM, Buxar in connection with Dumraon P.S. Case No. 113 of 2023, subject to the conditions laid down under section 438(2) of the Code of Criminal Procedure. (Prabhat Kumar Singh, J) Koushik/- U T