Munni Devi v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.23152 of 2020 Arising Out of PS. Case No.-141 Year-2020 Thana- MADHAURAH District- Saran ====================================================== 1.

MUNNI DEVI Wife of Dalila Sharma Resident of Village-Marhowrah Khas, Ward No.16, P.S.-Marhowrah, District-Saran.

2.

Guriya Devi D/o Dalila Sharma Resident of Village-Marhowrah Khas, Ward No.16, P.S.-Marhowrah, District-Saran.

3.

Dalila Sharma @ Dalila Bhagwan Sharma S/o Late Jag Narayan Sharma Resident of Village-Marhowrah Khas, Ward No.16, P.S.-Marhowrah, District-Saran.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Mukesh Kumar Singh For the Opposite Party/s :

Mr.Shailendra Kumar No. 1, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE SUDHIR SINGH ORAL ORDER 30-09-2020 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 from the date of restoration of normalcy. Heard learned counsel for the petitioners and learned APP for the State.

The petitioners are apprehending their arrest in a case registered under Sections 304(B)/34 of the Indian Penal Code.

Patna High Court CR. MISC. No.23152 of 2020(2) dt.30-09-2020 2/3 Allegation against the accused persons is of committing torture and assault and thereafter caused death of the victim due to non-fulfilment of demand of dowry. It has been submitted on behalf of the petitioners that the petitioners have got no criminal antecedent. There is no allegation of tampering of witnesses alleged against the petitioners. The petitioners have falsely been implicated in the present case. The petitioner nos. 1, 2 and 3 are mother-in-law, nanad, and father-in-law, respectively of the deceased. The deceased is said to have died due to illness. Subsequently, the said facts came before the informant whereafter he has retracted from the earlier statement made in the F.I.R. and filed a petition before the Court below stating that due to mistake of fact, the present case has been instituted. The said application is Annexure-2 to the present application.

On behalf of the State, it is submitted that the petitioners are is named in the F.I.R.

Considering the aforesaid facts and circumstances, let the petitioners, above named, in the event of arrest/surrender before the learned court below within a period of six weeks from today, be released on anticipatory bail on furnishing bail bonds of Rs.10,000/- (Ten thousand) with two sureties of the

Patna High Court CR. MISC. No.23152 of 2020(2) dt.30-09-2020 3/3 like amount each to the satisfaction of learned Chief Judicial Magistrate, Saran, Chapra in connection with Marhowrah P.S. Case No. 141/2020, subject to the conditions as laid down under Section 438(2) of the Code of Criminal Procedure. (Sudhir Singh, J) Pankaj/- U T