Sunni Kumari @ Soni Kumari @ Suni Kumari v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.17006 of 2020 Arising Out of PS. Case No.-192 Year-2013 Thana- MANJHAGARH District- Gopalganj ====================================================== 1.

SUNNI KUMARI @ SONI KUMARI @ SUNI KUMARI Daughter of Yogendra Mahato Resident of Village - Bhaisahi Dhamae Tola, Police Station - Manjhagarh, District - Gopalganj.

2.

Chani Kumari @ Chandani Kumari Daughter of Yogendra Mahato Resident of Village - Bhaisahi Dhamae Tola, Police Station - Manjhagarh, District - Gopalganj.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Lokesh Kumar Singh For the Opposite Party/s :

Mr.Yogendra Kumar ====================================================== CORAM: HONOURABLE MR. JUSTICE MOHIT KUMAR SHAH ORAL ORDER 28-08-2020 The present petition has been taken up for consideration through the mode of Video Conferencing in view of the prevailing situation on account of COVID-19 Pandemic. Heard the learned counsel for the petitioners and the learned A.P.P. for the State.

This is an application for grant of anticipatory bail in connection with Manjhagarh PS case no. 192 of 2013 registered for the offences punishable under Sections 304(B), 201/34 of Indian Penal Code.

The allegation is regarding the accused persons having killed the deceased victim lady on account of non-fulfilment of the demand for dowry.

Patna High Court CR. MISC. No.17006 of 2020(2) dt.28-08-2020 2/3 The learned counsel for the petitioners has submitted that the petitioners are innocent, have been falsely implicated in the present case and are having clean antecedent. It is further submitted that the petitioners are the sister-in-law of the deceased victim lady and at the time of the alleged incident, they were minor and now, they are of marriageable age. It is further submitted that similarly situated co-accused persons have been granted bail by a co-ordinate Bench of this Court vide order dated 02.06.2014, passed in Cr. Misc. no. 16081 of 2014. Lastly, it is submitted that some of the accused persons have also been acquitted by the learned court of Additional Sessions Judge-VIII, Gopalganj by a judgment dated 14.09.2015, passed in Sessions Trial no. 235 of 2015.

Having regard to the facts and circumstances of the case, considering the submissions of the learned counsel for the petitioners and taking into account the fact that similarly situated co-accused persons have already been granted bail by a co-ordinate Bench of this Court and moreover, the learned trial court has acquitted some of the co-accused persons, I deem it fit and appropriate to admit the petitioners to the privilege of anticipatory bail. Accordingly, the abovenamed petitioners, in the event of their arrest or surrender before the court below

Patna High Court CR. MISC. No.17006 of 2020(2) dt.28-08-2020 3/3 within a period of six weeks from the date of receipt/ production of a copy of this order, are directed to be released on anticipatory bail on furnishing bail bond of Rs. 10,000/- (Rs. Ten thousand) each with two sureties of the like amount each to the satisfaction of learned Chief Judicial Magistrate, Gopalganj in connection with Manjhagarh PS case no. 192 of 2013 subject to the conditions as laid down under Section 438(2) of Code of Criminal Procedure.

(Mohit Kumar Shah, J) rinkee/- U T