Shiv Kumari Devi v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.32283 of 2022 Arising Out of PS. Case No.-90 Year-2022 Thana- DHAKA District- East Champaran ====================================================== 1.

SHIV KUMARI DEVI Wife of Late Raj Mangal Rai Resident of VillageJhauram, P.S.-Dhaka, District-East Champaran. 2.

LALITA DEVI Wife of Vinod Yadav @ Vinod Rai Resident of VillageJhauram, P.S.-Dhaka, District-East Champaran. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Madhurendra Kumar, Adv.

For the Opposite Party/s :

Mr.Shantanu Kumar, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE ANJANI KUMAR SHARAN ORAL ORDER 14-09-2022 Heard the parties.

Learned counsel for the petitioners is directed to remove the defects within four weeks.

The petitioners apprehend their arrest in a case registered for the offence punishable u/s 304(B), 201, 34 IPC. Allegedly, all the FIR named accused persons including the petitioners have murdered the niece of the informant and cremated her dead body for non-fulfillment of dowry demand. 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 merely on suspicion. No such occurrence, in the manner as alleged, has ever taken place. The allegation leveled against the petitioners is

Patna High Court CR. MISC. No.32283 of 2022(2) dt.14-09-2022 2/2 not specific rather general and omnibus in nature. Petitioner no.1 is mother-in-law and petitioner no.2 is married sister-in-law of the deceased and were living separately from the deceased since long. They have never tortured the deceased or made any dowry demand. Husband of the deceased has already surrendered before the learned court below. Petitioners have no criminal antecedent.

Learned APP for the State opposed the prayer for bail. Having regard to the facts and circumstances of the case, since husband of deceased has surrendered, let the above named petitioners, be released on bail, 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 connection with Dhaka P.S. Case No.90 of 2022, G.R. Case No.116 of 2022, subject to the conditions as laid down under Section 438(2) of the Cr.P.C.

(Anjani Kumar Sharan, J) pallavi/- U T