Kaushalya Devi v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.28267 of 2021 Arising Out of PS. Case No.-59 Year-2020 Thana- PANJWARA District- Banka ====================================================== 1.

KAUSHALYA DEVI Wife of Basuki Bhagat Resident of Village- Sabalpur, P.S.- Panjwara, District- Banka.

2.

Basuki Bhagat Son of Late Astlal Bhagat Resident of Village- Sabalpur, P.S.- Panjwara, District- Banka.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Md. Nurul Hoda, Advocate For the Opposite Party/s :

Mr. Ajay Kumar No.2, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL KUMAR PANWAR ORAL ORDER 03-02-2022 Heard learned counsel for the petitioners and learned APP for the State.

Learned counsel for the petitioners are expected to honour his undertaking given in the instant case for depositing the requisite court fee and to remove the defect(s) as pointed out by the office when called upon to do so by the office. The petitioners are apprehending their arrest in a case registered for the offences punishable under Section 304(B) of the IPC.

It is a case of non-fulfilment of dowry demand and the deceased died by the accused persons.

It is submitted by learned counsel for the petitioners

Patna High Court CR. MISC. No.28267 of 2021(2) dt.03-02-2022 2/2 that the petitioners have falsely been implicated in this case. He further submits that petitioner no.1 is mother-in-law and petitioner no.2 is father-in-law of the deceased and they have no concern with the mess and business of the deceased and her husband, namely, Bamshankar Bhagat @ Munna Bhagat and petitioners are very old persons. He further submits that the husband of the deceased has already acquitted by the court below itself with respect to commission of this offence. Learned APP appearing for the State has opposed the prayer for anticipatory bail.

In the facts and circumstances of the case, let the petitioners, above named in the event of their arrest or surrender before the court below within a period of four weeks from today, be released on anticipatory bail on furnishing bail bonds of Rs.10,000/- (ten thousand) each with two sureties of the like amount each to the satisfaction of learned ACJM, Banka in connection with Panjwara P.S. Case No. 59 of 2020, subject to the conditions as laid down under Section 438(2) of the Cr.P.C. (Sunil Kumar Panwar, J) brajesh kumar/- U T