Poonam Devi v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.25961 of 2021 Arising Out of PS. Case No.-220 Year-2020 Thana- ATHMALGOLA District- Patna ====================================================== 1.

POONAM DEVI D/o- RAVINDRA PASWAN Resident of Village- Burhi Bagi, Jamalpur, P.S.- Athmalgola, District- Patna. 2.

Jasamatiya Devi Wife of Late Aganu Paswan @ Agan Paswan Resident of Village- Burhi Bagi, Jamalpur, Police Station- Athmalgola, District- Patna. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Ashok Kumar Kashyap For the Opposite Party/s :

Mr.APP ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL KUMAR PANWAR ORAL ORDER 31-01-2022 This matter has been taken up for hearing online because of COVID-19 pandemic restrictions.

Heard learned counsel for the petitioners and learned APP for the State.

Learned counsel for the petitioners is expected to honour his undertaking to remove the defects as pointed out by the office when called upon to do so by the office. The instant application for anticipatory bail has been filed by the petitioners apprehending their arrest in connection with Athmalgola P.S. Case no. 220 of 2020 instituted for the offence under Section 302/34 of the Indian Penal Code. As per allegation in the FIR, petitioners along with his

Patna High Court CR. MISC. No.25961 of 2021(3) dt.31-01-2022 2/3 family members have tortured in various ways due to nonfulfillment dowry demand and finally they killer her. Learned counsel appearing on behalf of the petitioners has submitted that petitioner no. 1 is niece and petitioner no. 2 is mother-in-law of the deceased. They have been falsely implicated in this case. They have never demanded any thing from the deceased. They have no concern with the daily activity of the deceased and her husband and are living separately from them. The sole responsibility to take care of wife is upon husband and not against these petitioners. From perusal of the impugned order, it appears that as per the post-mortem report the doctor has opined cause of death "Opinion reserved to be made after viseral analysis."

Learned APP appearing for the State has opposed the prayer of Bail.

Having heard learned counsel for the parties and in the facts and circumstances of the case as stated above, this Court is inclined to enlarge the petitioners on bail. The petitioners are directed to surrender in the Court below within a period of four weeks from today and in the event of their arrest or surrender in connection with Athmalgola P.S. Case no. 220 of 2020, they will be enlarged on bail on furnishing bail bond of

Patna High Court CR. MISC. No.25961 of 2021(3) dt.31-01-2022 3/3 Rs. 10,000/- (Rupees ten thousand) with two sureties of the like amount each to the satisfaction of learned S.D.J.M., Barh, Patna subject to the conditions as laid down under section 438(2) of the Cr.P.C.

(Sunil Kumar Panwar, J) sushma/- U