Sunaina Devi v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.33179 of 2021 Arising Out of PS. Case No.-122 Year-2020 Thana- CHACKMEHSI District- Samastipur ====================================================== 1.

SUNAINA DEVI W/O SITARAM RAY R/O VILLAGE-BHAGIPATTI, P.S-CHAKMEHSI, DISTRICT-SAMASTIPUR.

2.

ARVIND KUMAR @ ARVIND KUMAR RAY S/O SITARAM RAY R/O VILLAGE-BHAGIPATTI, P.S-CHAKMEHSI, DISTRICT-SAMASTIPUR. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Sanjay Kumar Pandey No.5, Adv For the Opposite Party/s :

Mr.Ramchandra Sahni, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE S. KUMAR ORAL ORDER 02-11-2021 Heard learned counsel for the parties.

Petitioners apprehend their arrest in a case registered for the offence punishable under Sections 304B/34 of the Indian Penal Code.

Informant in his written complaint has alleged that the marriage of his daughter was solemnized with Bablu Rai according to hindu rites and customs and thereafter she went to her matrimonial home and from the said wedlock a girl child was also born, however, she was subjected to torture for non fulfillment of demand of dowry and he received information that his Son-in-law Bablu Rai and his family members have

Patna High Court CR. MISC. No.33179 of 2021(2) dt.02-11-2021 2/3 killed his daughter while she was pregnant.

Learned counsel for the petitioners submit that they are innocent and have been falsely implicated in this case. Petitioner no. 1 is the Mother-in-Law and petitioner no. 2 is the Brother-in-Law of the deceased and they reside separately and have no concern with the family affairs of the deceased. Allegation of demand of dowry is baseless and concocted and one girl child was born out of the said wedlock and they were living separately. It is further submitted that some altercation between husband (Bablu Rai) and wife arose and she consumed poison and died. Petitioner no. 1 is suffering from medical complications and is at present bed ridden. Husband of the deceased and son of petitioner no. 1 has already surrendered before the court below and is in custody.

Petitioners have got no criminal antecedent.

Considering the aforesaid facts and circumstances of the case, let the petitioners named above be released on anticipatory bail in the event of their arrest or surrender before the court below within a period of four weeks from today upon furnishing bail bonds of Rs. 20,000/- each with two sureties of the like amount each to the satisfaction of learned court below where the case is pending, in connection with Chakmahesi P.S. Case No.

Patna High Court CR. MISC. No.33179 of 2021(2) dt.02-11-2021 3/3 122 of 2020, subject to the conditions laid down under Section 438(2) of the Cr.P.C.

(S. Kumar, J) ranjan/- U