Phulwanti Devi v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.26766 of 2019 Arising Out of PS. Case No.-39 Year-2019 Thana- SHASTRINAGAR District- Patna ====================================================== 1.

Phulwanti Devi W/o Late Bishwanath Prasad Resident of Punaichak, P.S.- Shastri Nagar, District- Patna.

2.

Upendra Kumar @ Upendra Kumar Singh S/o Late Bishwanath Prasad Resident of Punaichak, P.S.- Shastri Nagar, District- Patna. 3.

Soni Kumari D/o Late Bishwanath Prasad Resident of Punaichak, P.S.- Shastri Nagar, District- Patna.

... ... Petitioners

Versus

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

For the Petitioners :

Mr.Sushil Kumar Jha, Advocate For the Opposite Party :

Mr.Sanjay Kumar, Addl.PP ===================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH ORAL ORDER 09-09-2019 Heard learned counsel for the petitioners, the State and perused the case diary.

Petitioners apprehend their arrest in a case registered for the offence punishable under Sections 302 and 201 of the Indian Penal Code.

Informant states that his daughter was married with Satyender Kumar in 2002 and they were blessed with a 12 years old daughter. He had been complained by his daughter that her husband and other family members including the petitioners were in habit of abusing her and committing torture on her. Thereafter, he had warned them of the consequences. On 13.1.2019 he got information that they committed murder of his daughter and were trying to cremate the dead body on Bans

Patna High Court CR. MISC. No.26766 of 2019(6) dt.09-09-2019 2/3 Ghat, Patna.

Learned counsel for the petitioners submits that the petitioners, being mother-in-law, devar and sister-in-law of the deceased respectively, reside separately from the husband of the deceased and they are no way concerned with their affairs. Further, the deceased was suffering from mental ailments for which she was being treated by a neuro psychiatrist (copy of prescription dated 3.12.2018 is contained in Annexure 2). She was also being tortured by her step mother dragging her to mental depression. Learned counsel further submits that even as per the FIR, there is no allegation of demand of dowry and allegations are vague and general in nature against them.

Considering the facts of the case, let the petitioners, above named, in the event of their arrest/surrender before the Court below within a period of six weeks from the date of receipt of the order, be released on bail on furnishing bail bond of Rs.10,000/- (ten thousand) each with two sureties of the like amount each to the satisfaction of the Sub Judge-IV, Patna in Shastri Nagar Police Station Case No. 39 of 2019, G.R.No.

Patna High Court CR. MISC. No.26766 of 2019(6) dt.09-09-2019 3/3 and trial of the case, failing which the Court below shall be at liberty to cancel the bail bond of the petitioners. (Prabhat Kumar Singh, J) Shashi U T