Urmila Devi v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.21965 of 2020 Arising Out of PS. Case No.-730 Year-2019 Thana- MADHAURAH District- Saran ====================================================== 1.

Urmila Devi W/o Sukdeo Rai Resident of Village - Goura, P.S.- Marhowrah, Distt.-Saran at Chapra 2.

Govinda Rai Son of Sukdeo Rai Resident of Village - Goura, P.S.- Marhowrah, Distt.-Saran at Chapra ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Tej Pratap Singh For the Opposite Party/s :

Mr.A.P.P.

====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH ORAL ORDER 2.

21-08-2020 Heard learned counsel for the parties through video conferencing.

The petitioners apprehend their arrest in Marhowrah P.S. Case No. 730 of 2019 registered for the offence under Sections 304(B)/34 of the Indian Penal Code.

The prosecution case, in brief, is that the daughter of the informant Seema Kumari was married with co-accused Sikandar Rai (son of petitioner no.1) on 31-05-2017 as per Hindu Rites and Rituals. It is alleged that accused persons were demanding a motorcycle, as dowry, which could not be fulfilled. It is further alleged that on 09-08-2019, the accused persons informed the informant that his daughter (deceased) was not well and as such, on the next date i.e. 10-08-2019, the informant went to in-laws place of his daughter, but there he saw his daughter dead. In the F.I.R., the informant has alleged that due

Patna High Court CR. MISC. No.21965 of 2020(2) dt.21-08-2020 2/2 to non-fulfillment of demand of motorcycle, as dowry, his daughter has been murdered by accused persons. It is submitted on behalf of petitioners that petitioner no. 1 is mother-in-law of deceased aged about 60 years and petitioner no. 2 brother-in-law (devar) of deceased and there is no specific allegation against them. There is general and omnibus allegation. The petitioners have no concern with the affairs of the deceased. They are living separately. It is further submitted that husband of the deceased is already in custody. Considering the aforesaid facts and circumstances, the anticipatory bail application is allowed.

In the event of arrest or surrender within a period of eight weeks from the date of receipt/production of copy of this order, let the above-named petitioners be enlarged on 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 Chief Judicial Magistrate, Saran at Chapra in connection with Marhowrah (Goura) P.S. Case No. 730 of 2019, subject to condition as laid down under Section 438(2) of the Cr.P.C. (Prabhat Kumar Singh, J.) anay U T