Pushpa Devi v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.34781 of 2021 Arising Out of PS. Case No.-302 Year-2020 Thana- ARA MUFFSIL District- Bhojpur ====================================================== 1.

Pushpa Devi W/O Jaiprakash Yadav R/O Village-Englishpur, P.S-Ara Muffasil (DHOBHA O.P.), District-Bhojpur.

2.

Reeta Devi W/O Chhote Lal Yadav R/O Village-Englishpur, P.S-Ara Muffasil (DHOBHA O.P.), District-Bhojpur.

3.

Punam Devi W/O Ram Bihari Yadav R/O Village-Englishpur, P.S-Ara Muffasil (DHOBHA O.P.), District-Bhojpur.

... ... Petitioner/s

Versus

THE STATE OF BIHAR ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Rajendra Nath Sinha, Advocate For the Opposite Party/s :

Mr.A.G ====================================================== CORAM: HONOURABLE MR. JUSTICE SUDHIR SINGH ORAL ORDER 16-07-2021 Heard learned counsel for the petitioners and learned APP for the State through virtual mode.

Counsel for the petitioners is directed to remove the defect(s), as pointed out by the office, within a period of four weeks from the date of restoration of normalcy. The petitioners are apprehending their arrest in a case registered under Sections 304(B)/34 of the Indian Penal Code. Allegation is that the accused persons including the petitioners caused death of the sister of the informant due to non-fulfilment of demand of dowry.

It has been submitted on behalf of the petitioners that

Patna High Court CR. MISC. No.34781 of 2021(2) dt.16-07-2021 2/3 the petitioners have got no criminal antecedent and there is no allegation of tampering of witnesses alleged against the petitioners. The petitioners have falsely been implicated in this case. The petitioners No.1 and 2 are sisters-in-law (Gotani) of the deceased and petitioner No.3 is mother-in-law of the deceased. They are separate in mess and property from the husband of the deceased. A petition has been filed on behalf of the informant in the court below, where he has retracted from his earlier statement made in the F.I.R. Said petition is Annexure 2 to the present application.

On behalf of the State, it is submitted that the petitioners are named in the complaint case/F.I.R. Considering the facts and circumstances of the case and also the lockdown, the petitioners, above named, in the event of arrest or surrender before the learned court below within a period of twelve weeks from today, be released on anticipatory bail on their personal bond to the satisfaction of learned A.C.J.M. VII, Bhojpur, Ara in connection with Ara Muffasil P.S. case No.302 of 2020, subject to the conditions as laid down under Section 438(2) of the Code of Criminal Procedure.

Once the normalcy is restored, the petitioners will

Patna High Court CR. MISC. No.34781 of 2021(2) dt.16-07-2021 3/3 furnish bail bonds of Rs.10,000/- (Rupees ten thousand) with two sureties of the like amount each within a period of eight weeks to the satisfaction of the court concerned in connection with the aforesaid case.

(Sudhir Singh, J) Narendra/- U T