Kamlawati Devi @ Kamlabati Devi @ Kalawati Devi v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.17921 of 2024 Arising Out of PS. Case No.-324 Year-2023 Thana- MANJHAGARH District- Gopalganj ====================================================== 1.

Kamlawati Devi @ Kamlabati Devi @ Kalawati Devi Wife Of Tarkeshavar Bharti R/O-Satai, P.O.-PIULI, P.S.-MIRGANJ, Distt.-GOPALGANJ 2.

Sandip Kumar Bharti Son Of Tarkeshavar Bharti R/O-Satai, P.O.-piuli, P.S.- Mirganj, Distt.-Gopalganj 3.

Tarkeshavar Bharti Son Of Late Rajabalam Bharti R/O-Satai, P.O.-piuli, P.S.-Mirganj, Distt.-Gopalganj ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Devashish Giri, Advocate For the Opposite Party/s :

Mr. Ashok Kumar Singh, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE ARUN KUMAR JHA ORAL ORDER 24-04-2024 Heard learned counsel for the petitioners and learned A.P.P. for the State.

02. In the present case, the petitioners are apprehending their arrest in connection with Manjhagadh P.S. Case No. 324 of 2023, registered 16.09.2023, for the alleged offence under Sections 304(B)/34 of the Indian Penal Code.

03. As per prosecution case, the petitioners, who are the parents-in-law and brother-in-law of the deceased daughter of the informant, used to torture the informant's daughter and due to their torture, the informant brought his daughter to his house where she committed suicide.

04. Learned counsel for the petitioners submits that

Patna High Court CR. MISC. No.17921 of 2024(3) dt.24-04-2024 2/3 petitioners are innocent and have been falsely implicated in this case. The occurrence took place in the house of the informant and it was the informant who killed his daughter due to her conduct. The daughter of the informant was in love with some other person and she never agreed to marry with the son of the petitioner no. 1 and for this reason, she left her matrimonial home. The informant and his family members tried to convince her, but she did not agree to return to her matrimonial home and in frustration, the informant and his family members killed her. Learned counsel further submits that it appears to be a case of honour killing. The FIR has been registered after delay of a day and allegations in the FIR are general and vague against the petitioners.

There is no allegation against the petitioners that they called the daughter of the informant on Whatsapp. Learned counsel further submits that a complaint case has been filed by the brother-in-law of the deceased before the court of learned Chief Judicial Magistrate, Gopalganj vide Complaint Case No. 2244 of 2023 detailing all the facts and circumstances for conduct of the deceased and her love affair with some other person. The petitioner nos. 1 and 2 are having criminal antecedent of one case whereas petitioner no. 3 has got no criminal history.

05. Learned A.P.P. for the State opposes the prayer for anticipatory bail.

Patna High Court CR. MISC. No.17921 of 2024(3) dt.24-04-2024 3/3

06. Having regard to the facts and circumstances and submission made on behalf of the parties and considering the strong possibility of false implication in the background of facts of the case, let the petitioners above named, in the even of their arrest or surrender before the court concerned within a period of eight weeks from today, be released on bail, on furnishing bail bond of Rs. 10,000/- (Rupees Ten Thousand Only) each with two sureties of the like amount each to the satisfaction of learned Chief Judicial Magistrate, Gopalganj in connection with Manjhagadh P.S. Case No. 324 of 2023, subject to the condition laid down under Section 438(2) of the Code of Criminal Procedure and other following conditions:

(i) One of the bailors will be a close relative of the petitioners.

(ii) The petitioners will remain present on each and every date fixed by the court below, if so required by the learned trial court.

(Arun Kumar Jha, J) Ashish/- U T