Seema Kumari v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.26250 of 2021 Arising Out of PS. Case No.-322 Year-2020 Thana- BANIAPUR District- Saran ====================================================== 1.
SEEMA KUMARI D/o Late Ramnath Chaudhary Resident of VillageKanhauli Manohar, P.S. and District- Saran at Chapra. 2.
Sangita Devi D/o- Late Ramnath Chaudhary Resident of Village- Puchhari Kanhauli Manohar, P.S. and District- Saran at Chapra. ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr.Nawal Kishore Singh For the Opposite Party/s :
Mr.Arjun Prasad Kunwar Mr.Manoj Kumar ====================================================== CORAM: HONOURABLE MR. JUSTICE ANJANI KUMAR SHARAN ORAL ORDER 21-12-2021 Heard the parties.
Learned counsel for the petitioners is directed to remove the defects as pointed out by the office within a period of four weeks. In the eventuality of non-removal of defects within the stipulated time, office will place the matter before the Bench. The petitioners apprehend their arrest in a case in connection with Baniapur P.S. Case No.322/2020, registered for the offence punishable under Section 304(B)/34 of the IPC. The allegation against the petitioners is of torturing the informant's daughter in collusion with other family members, where after, she was killed by burning due to non-fulfillment of demand of dowry.
Patna High Court CR. MISC. No.26250 of 2021(2) dt.21-12-2021 2/3 It is submitted by learned counsel for the petitioners that petitioners are quite innocent and have committed no offence. They have been falsely implicated in this case due to dispute between the husband and wife. Petitioner no.1 is the unmarried sister-in-law of the deceased while petitioner no.2 is married sister of informant's village. It is submitted that due to quarrel between husband and wife, the wife committed suicide by burning herself but the petitioners have been implicated in this case. There is no specific allegation against these petitioners. Petitioners have no criminal antecedent.
Learned counsel for the State as well as learned counsel for the informant opposed the prayer for bail by submitting that the informant's daughter has been killed by burning but even the husband of the deceased has not surrendered.
Having regard to the facts and circumstances of the case, it is hereby directed that after the husband of the deceased surrenders before the learned court below, the above named petitioners, be released on anticipatory bail, preferably, within a period of six weeks from today, on furnishing bail bonds of Rs. 25,000/- (Rupees Twenty Five 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
Patna High Court CR. MISC. No.26250 of 2021(2) dt.21-12-2021 3/3 with Baniapur P.S. Case No.322/2020, subject to the further conditions as laid down under Section 438(2) of the Cr.P.C. Learned court below is directed to accept the bail bonds of the petitioners only after the husband of the deceased surrenders before the learned court below.
(Anjani Kumar Sharan, J) pallavi/- U T