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Patna High CourtCR. MISC./42887/2021dismissed

Most. Sonma Devi @ Brinda Devi v. The State Of Bihar

2022-03-21Mr. Justice Sandeep Kumar3 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.42887 of 2021 Arising Out of PS. Case No.-104 Year-2020 Thana- SALIMPUR District- Patna ====================================================== 1.

Most. Sonma Devi @ Brinda Devi Wife of Late Shyam Babu Prasad Resident of Village Sahpur, P.S. Salimpur Bakhtiyarpur, District - Patna. 2.

Twinkle Kumari @ Ritu Kumari D/O Late Shyam Babu Prasad Resident of Village Sahpur, P.S. Salimpur Bakhtiyarpur, District - Patna. ... ... Petitioner/s

Versus

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

For the Petitioners :

Mr.Sumit Kumar, Advocate For the Opposite Party :

Mr.Navin Kumar Pandey, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE SANDEEP KUMAR ORAL ORDER 21-03-2022 Heard the parties.

The petitioners apprehend their arrest in connection with Salimpur P.S. Case No.104 of 2020 registered for the offences under Sections 304(B)/34 of the Indian Penal Code. Petitioners are mother-in-law and sister-in-law of the deceased.

It has been submitted by learned counsel for the parties that the husband of the deceased has faced trial and has been acquitted as all the witnesses have deposed in that case that the deceased died of accidental burn.

Considered the submissions of the petitioners. It is common knowledge that the accused persons are

Patna High Court CR. MISC. No.42887 of 2021(2) dt.21-03-2022 2/3 trying to enter into compromise with the family of the deceased and they are tampering with the evidence. When the husband of the deceased had surrendered in the court below, nothing stops these petitioners from surrendering in the court below and they could have surrendered and they could have been tried along with the other accused but they have chosen to wait for result of the trial and in the opinion of this Court, they have absconded. Considering the above facts, I am not inclined to grant anticipatory bail to petitioner no.1, namely, Most. Sonma Devi @ Brinda, who is the mother-in-law of the deceased against whom there is direct allegation of demand of dowry and torture having participated in the death of the deceased. Her application for anticipatory bail is dismissed.

So far as petitioner no.2, namely, Twinkle Kumari @ Ritu Kumari is concerned, she is a young married sister-in-law of the deceased.

Considering the fact that petitioner no.2, namely, Twinkle Kumari @ Ritu Kumari is a young sister-in-law of the deceased, her application for anticipatory bail is allowed. Accordingly, let petitioner no.2, namely, Twinkle Kumari @ Ritu Kumari, in the event of her arrest or surrender within four weeks from today, be released on bail on furnishing

Patna High Court CR. MISC. No.42887 of 2021(2) dt.21-03-2022 3/3 bail bond of Rs.10,000/- (Rupees ten thousand) with two sureties of the like amount each to the satisfaction of Sri K.P. Atya, Judicial Magistrate, 1st Class, Barh, District Patna in connection with Salimpur P.S. Case No.104 of 2020, subject to the conditions as laid down under Section 438(2) of the Cr.P.C. (Sandeep Kumar, J) BT/- U T