Shanti Devi v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.16248 of 2020 Arising Out of PS. Case No.-469 Year-2019 Thana- PARBATTA District- Khagaria ====================================================== 1.

SHANTI DEVI W/o Damodar Singh Resident of Village - Karna, P.S.- Parbatta, Distt.- Khagaria.

2.

Damodar Singh Son of Late Laturi Singh Resident of Village - Karna, P.S.- Parbatta, Distt.- Khagaria.

3.

Sharvan Kumar Son of Damodar Singh Resident of Village - Karna, P.S.- Parbatta, Distt.- Khagaria.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Dilip Kumar, Advocate For the Opposite Party/s :

Mr.Ajay Kumar No. 2, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH ORAL ORDER 16-09-2020 This matter is taken up for consideration through Video Conferencing under the orders of Hon'ble the Chief Justice.

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

The petitioners apprehend their arrest in Parbatta P.S. Case No. 469 of 2019, registered for the offences punishable under Sections 304(B), 201 and 34 of the Indian Penal Code. Prosecution case in brief is that daughter of informant was married with Amit Muni and remained in sasural for 4 to 5 years. It is further alleged that on 22.07.2019, Rajesh Kumar

Patna High Court CR. MISC. No.16248 of 2020(2) dt.16-09-2020 2/3 went to the house of informant and induced the daughter of informant and married her in Khagaria Court and kept her with him. Informant came to know from the people of the locality that all the accused persons namely, Rajesh Kumar, Shanti Devi, Damodar Singh and Shravan Kumar killed her daugther and concealed her dead body.

It is submitted that petitioners have been falsely implicated in this case. Petitioner no. 1 is mother-in-law, petitioner no. 2 is father-in-law and petitioner no. 3 is brotherin-law of the deceased. There is general and omnibus allegation. All the accused persons/petitioners are family members of accused Rajesh Kumar and they are living separately from the accused Rajesh Kumar and have no concern with the family affairs of deceased and her husband. No case under Sections 304B, 201/34 IPC is made out. The husband of deceased Rajesh Kumar is in jail. Petitioners have got clean antecedent. Considering the facts aforesaid, the petitioners abovenamed, in the event of their arrest/surrender before the court below within a period of eight weeks from the date of receipt/production of a copy of this order, are directed to be enlarged on bail on furnishing bail bond of Rs. 10,000/- (Ten thousand) each with two sureties of the like amount each to the

Patna High Court CR. MISC. No.16248 of 2020(2) dt.16-09-2020 3/3 satisfaction of the learned Chief Judicial Magistrate Ist, Khagaria in connection with Parbatta P.S. Case No. 469 of 2019, subject to the conditions as laid down under Section 438(2) of the Code of Criminal Procedure.

(Prabhat Kumar Singh, J) vinita/- U T