Lalita Devi v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.24120 of 2022 Arising Out of PS. Case No.-11 Year-2021 Thana- KOTWA District- East Champaran ====================================================== 1.

LALITA DEVI W/o Jay Narayan Thakur Resident of VillageMachharganwa, P.S.- Kotwa, District- East Champaran. 2.

Mukesh Kumar Thakur S/o Jay Narayan Thakur Resident of VillageMachharganwa, P.S.- Kotwa, District- East Champaran. 3.

Raja Thakur S/o Chanchal Thakur Resident of Village- Machharganwa, P.S.- Kotwa, District- East Champaran.

4.

Amar Thakur S/o Jay Narayan Thakur Resident of Village- Machharganwa, P.S.- Kotwa, District- East Champaran.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Abhishek Kumar For the Opposite Party/s :

Mr.Anil Kumar ====================================================== CORAM: HONOURABLE MR. JUSTICE NAWNEET KUMAR PANDEY ORAL ORDER 13-10-2022 The learned counsel for the petitioners is directed to remove all the defects pointed out by the office within one month.

Heard the learned counsel for the petitioners as well as the learned Additional Public Prosecutor for the State. The petitioners apprehend their arrest in connection with Kotwa P.S. Case No. 11 of 2021, registered for the offences punishable under Sections 302 and 201 of the Indian Penal Code.

As per allegation, the deceased Punam Devi was

Patna High Court CR. MISC. No.24120 of 2022(2) dt.13-10-2022 2/3 married to co-accused Shri Ram Thakur, son of Chanchal Kumar. The customary presents were given at the occasion of the marriage. The accused persons tortured the deceased for non-fulfillment of demand of dowry. The accused persons named in the FIR forcibly administered poison to the deceased, whereby she died after consuming poisonous substance. The learned counsel for the petitioners has submitted that petitioner no. 1 is cousin mother-in-law of the deceased and similarly, petitioner no. 2 is cousin of the husband of the deceased. Petitioner no. 3 is brother of husband of the deceased and petitioner no. 4 is cousin of the husband of the deceased.

She has submitted further that the husband and other accused persons have been acquitted by the learned 20th Additional Sessions Judge, East Champaran, Motihari, vide judgment dated 08.03.2022 in Sessions Trial No. 680 of 2021. Considering the fact that the husband and other accused persons have been acquitted, let the petitioners abovenamed, in the event of their arrest or surrender, within four weeks from today, be released on bail on furnishing bail bonds of Rs.

Patna High Court CR. MISC. No.24120 of 2022(2) dt.13-10-2022 3/3 Kotwa P.S. Case No. 11 of 2021, subject to condition as laid down under section 438(2) Cr. P.C.

Office shall ensure that all defects are removed by the petitioners within the stipulated time mentioned hereinabove, failing which, the matter shall be brought to the notice of this Court.

(Nawneet Kumar Pandey, J) Nirmal/Mahesh U T