Shakuntala Devi v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.33260 of 2024 Arising Out of PS. Case No.-381 Year-2023 Thana- ARARIA District- Araria ====================================================== 1.

Shakuntala Devi Wife of Sadanand Paswan @ Sadan Paswan @ Sajan Paswan Resident of Village - Rahikpur, Ward No. 02, P.S. - Araria, DistrictAraria, Bihar 854312 2.

Badal Paswan @ Badal Kumar @ Badal Kumar Paswan Wife of Sadanand Paswan @ Sadan Paswan @ Sajan Paswan Resident of Village - Rahikpur, Ward No. 02, P.S. - Araria, District- Araria, Bihar 854312 3.

Kamal Paswan @ Kamal Kumar Son of Sadanand Paswan @ Sadan Paswan @ Sajan Paswan Resident of Village - Navtoliya, Ward no. 02, P.S. - Araria ,District - Araria, Bihar 4.

Chandan Paswan Son of Rampunit Paswan Resident of Village - Laptoliya, Ward no. 02, P.S. - Araria ,District - Araria, Bihar ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Kumar Ravish For the Opposite Party/s :

Mr.Uday Chand Prasad ====================================================== CORAM: HONOURABLE MR. JUSTICE RAMESH CHAND MALVIYA ORAL ORDER 23-05-2024 Heard learned counsel appearing on behalf of the parties.

2.

The petitioners apprehend arrest in connection with Araria RS P.S. Case No.381 of 2023 registered for the offence under Sections 304B/34 of the Indian Penal

Patna High Court CR. MISC. No.33260 of 2024(2) dt.23-05-2024 2/3 Code.

3.

The allegation against the petitioners is to have committed murder of the daughter of the informant due to non-fulfillment of demand of dowry.

4.

Learned counsel appearing on behalf of the petitioners submits that petitioner no.1 is mother of the husband of the deceased, petitioner nos. 2 and 3 are younger brothers of the husband of the deceased and petitioner no.4 is uncle (father's brother) of the husband of the deceased. It is submitted that the husband of the deceased has already been granted bail by this Court through Cr. Misc. No.6270 of 2024 on 16.02.2024. It is submitted that the petitioners are men of clean antecedent. 5.

Learned APP appearing on behalf of the State, opposes the prayer of bail of the petitioner. 6.

Having considered the facts and circumstances of the case and submissions of learned counsel for the parties and as it appears from perusal of postmortem report that no any sign of external injury seen over body at the time of postmortem examination and as it also appears from perusal of FSL report that no Metallic, Alkaloidal, Glycosidal, Pesticidal and volatile poison could be detected in the contents of plastic jar and poison and other Alkaloid could not be

Patna High Court CR. MISC. No.33260 of 2024(2) dt.23-05-2024 3/3 detected in the dark reedish brown fluid contention the vial as described in description of articles, in the event of their arrest or surrender before the Court below within six weeks from today, the petitioners above-named be released on bail upon furnishing bail bonds of Rs. 10,000/- (Rupees Ten Thousand Only) each with two sureties of the like amount each to the satisfaction of the learned Chief Judicial Magistrate, Araria in connection with Araria RS P.S. Case No.381 of 2023, subject to the conditions as laid down in Section 438(2) of the Code of Criminal Procedure, 1973.

(Ramesh Chand Malviya, J) S.Katyayan/- U T