Sangita Devi @ Geeta Devi v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.37601 of 2021 Arising Out of PS. Case No.-128 Year-2021 Thana- BANKA District- Banka ====================================================== 1.

Sangita Devi @ Geeta Devi, Wife Of Rakesh Panjiyara Resident Of Village - Babhangama, P.S. - Barahat, District- Banka. 2.

Sangita Kumari @ Geeta Devi, Wife Of Mithilesh Panjiyara Resident Of Village - Babhangama, P.S. - Barahat, District- Banka. 3.

Fulkumari Devi @ Fulan Devi, Wife Of Naresh Panjiyara Resident Of Village - Babhangama, P.S. - Barahat, District- Banka. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Brij Nandad Prasad For the Opposite Party/s :

Mr. Mohammad Sufyan ====================================================== CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA ORAL ORDER 22-06-2022 Heard learned counsel for the petitioners and learned APP for the State.

The petitioners seek bail in anticipation of their arrest in a case registered for the offences punishable under Sections 341, 323, 307, 498(A), 302, 34 of the Indian Penal Code, Section 3/4 of the Dowry Prohibition Act.

The learned counsel for the petitioners submits that the petitioners are persons with clean antecedent and the informant alleges that on account of non-fulfilment of dowry demand, the named accused persons including the petitioners killed his sister by setting her ablaze on account of which, she

Patna High Court CR. MISC. No.37601 of 2021(5) dt.22-06-2022 2/3 sustained severe burn injury and was taken to Mayaganj Hospital, Bhagalpur for her treatment.

The learned counsel for the petitioners submits that the informant is not an eye witness to the occurrence and as such, he has falsely implicated the petitioners by robing them with allegation that they set his sister ablaze for non-fulfilment of dowry demand. It is next submitted that police after investigation, submitted charge-sheet under Section 306 of the I.P.C. It is further submitted that the dying declaration of the deceased was recorded at Para-16 of the case diary wherein the victim has very categorically stated that on account of land dispute, she has sprinkled kerosene oil with an intention to commit suicide.

Learned A.P.P. opposes the bail application.

Considering the submissions made by the learned counsel for the petitioners and also the fact that the charge-sheet has been submitted under Section 306 of the I.P.C. and the petitioners are women, the petitioners, above-named, in the event of their arrest or surrender before the learned Court below within a period of six weeks, are directed to be released on bail on their furnishing bail-bonds in the sum of Rs. 10,000/- (Rupees Ten Thousand) each with two sureties of the like

Patna High Court CR. MISC. No.37601 of 2021(5) dt.22-06-2022 3/3 amount each to the satisfaction of the learned Court below where the case is pending in connection with Banka (Barahat) P. S. Case No.128 of 2021, subject to the conditions laid down under Section 438(2) of the Cr.P.C.

The application stands allowed.

(Satyavrat Verma, J) vikash/- U T