Sita Devi @ Geeta Devi v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.33426 of 2024 Arising Out of PS. Case No.-38 Year-2024 Thana- BATHNAHA District- Sitamarhi ====================================================== 1.
Sita Devi @ Geeta Devi (F), aged about 50 years, Wife of Sri Ram Babu Singh, R/O vill.- Bairha, Ward No. 11, P.S.- Bathnada, Dist.- Sitamarhi. 2.
Gudiya Kumari @ Urmila Kumari (F), aged about 25 years, D/O Sri Ram Babu Singh, R/O vill.- Bairha, Ward No. 11, P.S.- Bathnada, Dist.- Sitamarhi.
... ... Petitioners
Versus
The State of Bihar ... ... Opposite Party ====================================================== Appearance :
For the Petitioners :
Mr. Mithilesh Kumar, Advocate For the Informant : Mr. Birendra Kumar, Advocate For the State :
Mr. Tarun Prasad Mandal, A.P.P.
====================================================== CORAM: HONOURABLE MR. JUSTICE CHANDRA PRAKASH SINGH ORAL ORDER 02-08-2024 Heard learned counsel for the petitioners, learned counsel for the informant and learned Additional Public Prosecutor for the State.
2. The petitioners are apprehending their arrest in connection with Bathnaha P.S. Case No. 38 of 2024 dated 01.02.2024 registered for the offence punishable under Sections 304B/34 of the I.P.C.
3. As per the prosecution case, the petitioners and other co-accused persons are alleged to have killed the informant's daughter due to non-fulfilment of demand of Rs. 5,00,000/- and motorcycle as dowry.
Patna High Court CR. MISC. No.33426 of 2024(3) dt.02-08-2024 2/3
4. Learned counsel for the petitioners has submitted that the petitioners are innocent and have been falsely implicated in this case. The petitioners neither demanded any dowry nor tortured the informant's daughter. It is further submitted that the petitioner no. 1 is the mother-in-law and the petitioner no. 2 is the married sister-in-law (Nanad) of the deceased. They have no concern with the alleged offence. They are separate in mess and property from the husband of the deceased. The husband and the father-in-law of the deceased are in custody since 13.02.2024 and 02.02.2024 respectively. It is further submitted that the deceased died due to asphyxia but nothing has been recovered from the place of occurrence like rope used in the alleged crime. The petitioners have clean antecedent as stated in paragraph no. 3 of the bail application.
5. Learned A.P.P. for the State and learned counsel for the informant have opposed the prayer for anticipatory bail of the petitioners.
6. Considering the aforesaid facts and circumstances of the case, let the above named petitioners, in the event of their arrest/surrender within a period of six weeks from today, be enlarged on anticipatory bail on furnishing bail bond of Rs. 20,000/- (Twenty Thousand) each with two sureties of the like
Patna High Court CR. MISC. No.33426 of 2024(3) dt.02-08-2024 3/3 amount each to the satisfaction of learned J.M. Ist Class, Sitamarhi in connection with Bathnaha P.S. Case No. 38 of 2024, subject to the condition as laid down under Section 438(2) of the Code of Criminal Procedure.
7. The application stands allowed.
(Chandra Prakash Singh, J) U.K./- U T