Pratima Devi v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.31743 of 2022 Arising Out of PS. Case No.-258 Year-2019 Thana- GOPALPUR District- Patna ====================================================== 1.

PRATIMA DEVI WIFE OF PINKU KUMAR Resident of Village-Uddaini, Police Station-Gopalpur, District-Patna.

2.

Junti Devi Wife of Karmu Rai @ Karmu Singh Resident of Village-Uddaini, Police Station-Gopalpur, District-Patna.

... ... Petitioner/s

Versus

THE STATE OF BIHAR ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Arun Kumar For the Opposite Party/s :

Mrs. Rina Sinha ====================================================== CORAM: HONOURABLE MR. JUSTICE ANJANI KUMAR SHARAN ORAL ORDER 14-09-2022 Heard the parties.

Learned counsel for the petitioners undertakes to remove the defects within four weeks of resumption of normal court proceedings. In the eventuality of non-removal of defects within stipulated period, office will place the matter before the Bench. The petitioners apprehend their arrest in a case registered for the offence punishable under section 302/34 of the Indian Penal Code.

Allegedly, the daughter of informant was married to one Vikas Kumar but after marriage his daughter was tortured by her in-laws. The son-in-law of the informant died due to electric shock. It is further alleged that after death of husband, his

Patna High Court CR. MISC. No.31743 of 2022(2) dt.14-09-2022 2/3 daughter was assaulted by her in-laws. On 24.08.2019 his daughter was discharged from hospital and the accused persons carried her at her matrimonial house, where she has been killed. It is submitted by learned counsel for the petitioners that petitioners are quite innocent and have committed no offence. They have been falsely implicated in this case. No such occurrence, in the manner as alleged, has ever taken place. The allegation leveled against the petitioners is not specific rather general and omnibus in nature. He further submits that deceased Guriya Devi on 20.08.2019 while going towards Sampatchak meted with a road accident causing severe head injury and was taken to hospital for treatment but after treatment she succumbed to injury caused in road accident. The petitioner no.1 is the elder sister-in-law of the deceased and petitioner no.2 is the mother-in-law of the deceased. The entire allegation levelled in the F.I.R. is after thought despite having full knowledge. Petitioners have no criminal antecedent.

Learned APP for the State opposed the prayer for anticipatory bail.

Having regard to the facts and circumstances of the case, since there is general and omnibus allegation against the petitioners, let the above named petitioners be released on bail,

Patna High Court CR. MISC. No.31743 of 2022(2) dt.14-09-2022 3/3 in the event of their arrest or surrender before the learned court below within a period of six weeks from today, on furnishing bail bond of Rs. 25,000/- (Rupees Twenty Five Thousand) each with two sureties of the like amount each to the satisfaction of the learned court below where the case is pending/Successor Court in Gopalpur P.S. Case No.258 of 2019, subject to the conditions as laid down under Section 438(2) of the Cr.P.C. (Anjani Kumar Sharan, J) shikha/- U T