Sharda Devi v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.22430 of 2022 Arising Out of PS. Case No.-321 Year-2021 Thana- DARIYAPUR District- Saran ====================================================== 1.

Sharda Devi, Son Of Sri Tarkeshwar Rai Resident Of Village - Tarwa Magharpal, P.S.- Dariyapur, Distt.- Saran At Chapra. 2.

Renu Devi, W/O Kameshwar Rai Resident Of Village - Tarwa Magharpal, P.S.- Dariyapur, Distt.- Saran At Chapra.

3.

Golu Kumar, Son Of Sheopujan Rai @ Pujan Rai Resident Of Village - Tarwa Magharpal, P.S.- Dariyapur, Distt.- Saran At Chapra. ... ... Petitioner/S

Versus

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

For the Petitioner/s :

Ms. Madhubala Verma Mr. Udai Shankar Singh For the Opposite Party/s :

Mr. Jagdhar Prasad ====================================================== CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA ORAL ORDER 07-11-2022 Heard learned counsel for the petitioners and learned APP for the State.

The petitioners seek bail in anticipation of their arrest in a case registered for the offences punishable under Sections 304(B), 201, 34 of the Indian Penal Code.

The learned counsel for the petitioners submits that the petitioners are persons with clean antecedent and petitioner nos.1 and 2 are sister-in-laws (Gotni) of deceased and petitioner no.3 is brother-in-law (Dewar) of the deceased and the informant alleges that his daughter was married to Pawan Rai two years back, but after marriage, the accused persons were

Patna High Court CR. MISC. No.22430 of 2022(2) dt.07-11-2022 2/3 demanding dowry of Rs.50,000/- and a motorcycle, and for nonfulfilment of the same, the victim was tortured and assaulted. Further, on 09.07.2021, the informant received an information on his mobile that accused persons have killed his daughter and disposed of the dead body and accordingly, he reached the place of occurrence and found the accused persons were absconding. The learned counsel for the petitioners submits that petitioners have been falsely implicated in the present case. It is next submitted that petitioners are sister-in-laws and brother-inlaw of the deceased and they are separate in mess and property. It is also submitted that informant is not an eye witnesses to the occurrence, nor the F.I.R.

discloses, who gave information to the informant about the occurrence. It is next submitted that it is the husband, whose responsibility is to keep his wife with dignity and honour and the allegation of demand of dowry, assault and abuse is also general and omnibus in nature as far as the present petitioners are concerned.

Learned A.P.P. opposes the bail application.

Considering the submissions made by the learned counsel for the petitioners, the petitioners, above-named, in the event of their arrest or surrender before the learned Court below within a period of six weeks, are directed to be released on bail

Patna High Court CR. MISC. No.22430 of 2022(2) dt.07-11-2022 3/3 on their furnishing bail-bonds in the sum of Rs. 10,000/- (Rupees Ten Thousand) each with two sureties of the like amount each to the satisfaction of the learned Court below where the case is pending in connection with Dariyapur P. S. Case No.321 of 2021, subject to the conditions laid down under Section 438(2) of the Cr.P.C.

The application stands allowed.

(Satyavrat Verma, J) vikash/- U T