Patna High CourtCR. MISC./18798/2023dismissed

Dahauri Devi @ Rajwati Devi v. The State Of Bihar

2023-09-18Mr. Justice Anjani Kumar Sharan3 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.18798 of 2023 Arising Out of PS. Case No.-217 Year-2022 Thana- CHIRAIYA District- East Champaran ====================================================== 1.

DAHAURI DEVI @ RAJWATI DEVI W/O KRISHNA SAH @ SHANKAR SAH @ KISHORI SAH Resident of Village- Ashram Madhubani, P.S.- Chiraiya, District- East Champaran at Motihari. 2.

SHOBHA DEVI W/O DEVILAL SAH Resident of Village- Ashram Madhubani, P.S.- Chiraiya, District- East Champaran at Motihari. 3.

LADDU KUMAR S/O KISHORI SAH Resident of Village- Ashram Madhubani, P.S.- Chiraiya, District- East Champaran at Motihari. ... ... Petitioner/s

Versus

THE STATE OF BIHAR ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Rajesh Kumar, Adv.

For the Opposite Party/s :

Mr.Umanath Mishra, APP.

====================================================== CORAM: HONOURABLE MR. JUSTICE ANJANI KUMAR SHARAN ORAL ORDER 18-09-2023 Heard the parties.

2. Learned counsel for the petitioners seeks permission to correct the appearance of petitioner no.2 in course of day.

3. Permission is granted.

4. Vide order dated 24.06.2023, this application was dismissed as withdrawn in respect of petitioner no.3.

5. Now, this application survives for petitioner nos. 1 & 2 only.

6. The petitioners apprehend their arrest in connection with Chiraiya P.S. Case No. 217 of 2022 registered for the offences punishable under Sections 304(B), 34 of the Indian

Patna High Court CR. MISC. No.18798 of 2023(6) dt.18-09-2023 2/3 Penal Code.

7. Allegedly, all the accused persons including these petitioners killed the informant's daughter due to nonfulfillment of dowry demand.

8. It is submitted by learned counsel for the petitioners that petitioners are quite innocent and have committed no offence. Petitioner no.1 is mother-in-law, whereas petitioner no.2 is co-villager of the deceased. No such occurrence as alleged ever took place. Petitioners have been falsely implicated in this case due to ulterior motive. The allegation levelled against the petitioners is totally false and based on concocted facts. They have no concern with the daily affairs of the deceased and her husband. Petitioners have no criminal antecedent as mentioned in para-3 of this application.

9. Learned APP for the State opposes the prayer for bail and submits that petitioners are involved in the present case, hence they do not deserve the privilege of anticipatory bail.

10. Considering the facts and circumstances of case as well as nature of offence, I am not inclined to enlarge the petitioners on bail. The prayer for bail of the petitioners is hereby rejected.

11. However, if the petitioners surrender before the

Patna High Court CR. MISC. No.18798 of 2023(6) dt.18-09-2023 3/3 learned Court below within six weeks from today and seek regular bail, the learned Court below shall pass order on the same day in accordance with law without being prejudiced by this order considering the fact that both the petitioners are females.

(Anjani Kumar Sharan, J) divyanshi/- U T