Sunita Devi v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.26522 of 2020 Arising Out of PS. Case No.-43 Year-2004 Thana- CHANDAN District- Banka ====================================================== 1.

Sunita Devi, Female, aged about 72 years, W/o Late Sukhdeo Yadav, Resident of Village-Koriya tola, Garibsar, P.S.-Chandan, District-Banka. 2.

Indri Devi, Female, aged about 50 years, W/o Dukhi Yadav, Resident of Village-Koriya tola, Garibsar, P.S.-Chandan, District-Banka. ... ... Petitioners

Versus

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

For the Petitioners :

Mr.Sanjay Kumar Jha, Advocate.

For the Opposite Party :

Mr. Uma Shankar Prasad Singh, A.P.P.

====================================================== CORAM: HONOURABLE MR. JUSTICE SUDHIR SINGH ORAL ORDER 04-11-2020 Due to COVID-19 Pandemic, the matter is being taken up by way of virtual Court proceeding.

The matter has been listed under the heading 'For Orders' under the orders of Hon'ble the Chief Justice. Learned counsel for the petitioners is directed to remove the defects, as pointed out by the office, within a period of four weeks after restoration of normalcy.

Heard learned counsel for the petitioners and learned A.P.P. for the State.

The petitioners are apprehending their arrest in a case for the offence registered under Sections 341, 326, 307, 498(A)/34 of the I.P.C. Later on, Section 304(B) of the I.P.C.

Patna High Court CR. MISC. No.26522 of 2020(2) dt.04-11-2020 2/3 was also added.

The prosecution story, in brief, is that the accused persons including the petitioners killed the victim due to nonfulfilment of demand of dowry. It has been submitted by learned counsel for the petitioners that the petitioners have got no criminal antecedent. There is no allegation of tampering with the witnesses alleged against the petitioners. The petitioners have falsely been implicated in the present case. The petitioner no. 1 is the mother-in-law and petitioner no. 2 is the Gotani (sister-in-law) of the deceased. They are separate in mess and property from the husband of the deceased. They have got no concern with the alleged occurrence.

On behalf of the learned counsel for the State, it has been submitted that the petitioners are named in the F.I.R. Considering the aforesaid facts and circumstances of the case, 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 furnishing bail bonds of Rs. 10,000/- (Rupees Ten Thousand) each with two sureties of the like amount each to the satisfaction of the learned S.D.J.M. Banka, in connection with Chandan P.S.

Patna High Court CR. MISC. No.26522 of 2020(2) dt.04-11-2020 3/3 Case No. 43/2004, subject to the conditions as laid down under Section 438(2) of the Code of Criminal Procedure. (Sudhir Singh, J) U.K./- U T