Guriya Devi @ Guddiya Devi And ANR v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.14616 of 2019 Arising Out of PS. Case No.-157 Year-2018 Thana- MAHARAJGANJ District- Siwan ====================================================== 1.
Guriya Devi @ Guddiya Devi, Wife of Mukesh Prasad Resident of Village - Risaura Tola Bishunpura, P.S.- Maharajganj, Distt.- Siwan 2.
Rita Devi @ Ritty Devi, Wife of Raju Prasad Resident of Village - Risaura Tola Bishunpura, P.S.- Maharajganj, Distt.- Siwan. ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Md. Aslam Ansari For the Opposite Party/s :
Mr.Chandra Bhushan Prasad ====================================================== CORAM: HONOURABLE MR. JUSTICE DINESH KUMAR SINGH ORAL ORDER 11-03-2019 Heard learned counsels for the petitioners and the State.
The petitioners, being the sisters-in-law (Gotani) of the victim are apprehending arrest in a case registered for the offences punishable under Sections 304B and 201/34 of the IPC. The prosecution case, as per the written report of Ramnath Prasad dated 16.08.2018, submitted to the Station House Officer, Maharajganj Police Station, is to the effect that the daughter of the informant was married with co-accused, Guddu Prasad, about 2 years and 4 months prior to the lodging of the present case. Subsequently further dowry demand of Rs. 1 lac, a motorcycle and a gold chain was made and due non-fulfillment
Patna High Court CR. MISC. No.14616 of 2019(2) dt.11-03-2019 2/3 of the same, torture was inflicted on the daughter of the informant by the petitioners and other in-law family members. On 10.08.2018, the informant went to the in-law's house of his daughter and pacified the issue, but on 15.08.2018, all the accused persons including the petitioners killed the daughter of the informant and disposed her dead body.
It is submitted by learned counsel for the petitioners that thrust of accusation is against the husband of the victim. The accusation against the petitioners is omnibus and general and the petitioners claim to be separate from the husband of the victim.
Learned APP submits that the petitioners are named in the F.I.R. with specific accusation.
Considering the fact that thrust of accusation is against the husband of the victim and the petitioners being ladies, coupled with the statement made in paragraph no.3 of the petition that the petitioners are not having any criminal antecedent, let the above named petitioners be released on anticipatory bail in the event of arrest/surrender before the learned Court below within a period of twelve weeks from today, on furnishing bail bonds of Rs. 10,000/- (ten thousand) each with two sureties of like amount each to the satisfaction of
Patna High Court CR. MISC. No.14616 of 2019(2) dt.11-03-2019 3/3 learned Chief Judicial Magistrate, Siwan in connection with Maharajganj P.S. Case No. 157 of 2018, subject to the condition as laid down under Section 438(2) of the Cr. P.C. (Dinesh Kumar Singh, J) Amrendra/- U T