Fulwa Devi v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.27544 of 2024 Arising Out of PS. Case No.-10 Year-2006 Thana- DUMARIYA District- Gaya ====================================================== 1.

Fulwa Devi W/O Late Kedar Singh R/O Vill. - Koeri Dih Bigha, P.S - Dumaria, Distt. - Gaya 2.

Sarbindar Singh @ Savindra Singh S/O Late Kedar Singh R/O Vill. - Koeri Dih Bigha,P.S - Dumaria, Distt. - Gaya ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Arvind Kumar Singh, Advocate For the Opposite Party/s :

Mr. Yogendra Kumar, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RUDRA PRAKASH MISHRA ORAL ORDER 09-04-2024 Heard learned counsel for the petitioners and learned APP for the State.

2.

The petitioners seek bail in connection with Dumaria P.S. Case No. 10 of 2006 instituted for the offence under Sections 306 & 34 of the Indian Penal Code. 3.

Prosecution case in short is that due to ongoing atrocities faced at the matrimonial house, daughter of the informant has committed suicide by administering poison. 4.

It has been submitted that petitioner No. 1 is in custody since 21-09-2023 while petitioner No. 2 is in custody

Patna High Court CR. MISC. No.27544 of 2024(2) dt.09-04-2024 2/3 since 02-12-2023. Petitioners have no criminal antecedent. 5.

It has been further submitted by the petitioners' counsel that petitioners have been falsely implicated in the present case. Petitioner No. 1 is mother-in-law while petitioner No. 2 is husband of the deceased, respectively. Learned counsel for the petitioners submitted after referring to the impugned order that death of the deceased is due to consumption of poison, which is mentioned in the inquest report. Police after investigation has submitted charge sheet under Section 306 & 34 of the IPC.

6.

Learned A.P.P. for the State has vehemently opposed the prayer for grant of bail to the petitioners. 7.

Considering the aforesaid facts and circumstances of the case, period of custody of the petitioner, clean antecedent of the petitioners and charge sheet being submitted, this Court is inclined to grant bail to the petitioners.

8.

Let the petitioner No. 1, namely, Fulwa Devi, be released on bail and petitioner No. 2, namely, Sarbindar Singh @ Savindra Singh be released on bail, after framing of charge, if not already framed, on furnishing bail bonds of Rs. 10,000/- (Ten Thousand) with two sureties of the like amount each to the satisfaction of Court below/concerned

Patna High Court CR. MISC. No.27544 of 2024(2) dt.09-04-2024 3/3 Court in connection with Dumaria P.S. Case No. 10 of 2006. (Rudra Prakash Mishra, J) Raj Kishore/- U T