Suganti Devi v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.29178 of 2020 Arising Out of PS. Case No.-439 Year-2019 Thana- SIWAN MUFFASIL District- Siwan ====================================================== 1.

Suganti Devi W/o Manoj Shah, D/o Ragho Shah Resident of VillageNardapur, P.S.-Siwan (M), District-Siwan 2.

Reema Kumari D/o Ragho Shah Resident of Village-Sarawe, P.S.-Siwan (M), District-Siwan ... ... Petitioners

Versus

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

For the Petitioners :

Mr.Arbind Kumar Singh, Advocate For the Opposite Party :

Mr. Akbar Ali, A.P.P.

====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH ORAL ORDER 06-01-2021 Heard learned counsel for the petitioners as well as learned Additional Public Prosecutor for the State. Petitioners apprehend their arrest in a case registered for the offence punishable under Sections 304B, 201, 120B/34 of the Indian Penal Code.

Prosecution case in brief is that the informant married his sister to one Shankar Dayal Sah on 10.7.2019. On 13.11.2019, father of Shankar Dayal made a telephone call to the informant and told him to come immediately. Thereafter, he went to in-laws house and found that his sister was burnt to death. It is further alleged that the petitioners and their family members subjected informant's sister to cruelty and finally killed her due to non-fulfilment of dowry and hurriedly disposed of the dead body in order to destroy evidence.

Patna High Court CR. MISC. No.29178 of 2020(3) dt.06-01-2021 2/2 Learned counsel appearing for the petitioners submits that petitioner no.1 is married nanad of the deceased and she lives separately with her husband and at the time of occurrence she was not present on the spot. Petitioner no.2 is unmarried nanad and she also resides separately with her parents. It is also submitted that the informant was present on the spot at the time of cremation of the dead body but he lodged the FIR after seven days of the occurrence without cogent explanation of delay. Considering the facts of the case, in the event of arrest/surrender within eight weeks from today, let the petitioners, named above, 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 Chief Judicial Magistrate, Siwan in Siwan(M) Police Station Case No. 439 of 2019, subject to the conditions laid down under sections 438(2) of the Code of Criminal Procedure.

(Prabhat Kumar Singh, J) Shashi U T