Usha Devi v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.33415 of 2023 Arising Out of PS. Case No.-347 Year-2023 Thana- NAWADA District- Nawada ====================================================== 1.
USHA DEVI Wife of Uma Shankar Singh Resident of village - Jalalpur, P.S. - Roh, Distt. - Nawada 2.
Seema Kumari @ Artinka Singh D/o Uma Shankar Singh, W/o Sonu Kumar Resident of village - Jalalpur, P.S. - Roh, Distt. - Nawada 3.
Sonu Kumar @ Vishram Sharma Son of Sagar Singh Resident of village - Jalalpur, P.S. - Roh, Distt. - Nawada ... ... Petitioners
Versus
The State of Bihar ... ... Opposite Party ====================================================== Appearance :
For the Petitioner/s :
Mr.Arjun Prasad, Advocate For the Opposite Party/s :
Mr.Abhay Kumar, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RAJEEV RANJAN PRASAD ORAL ORDER 21-07-2023 Heard learned counsel for the petitioners and learned APP for the State.
2. The petitioners, in the present case, are seeking prearrest bail in connection with Nawada Town (Nagar) P.S. Case No. 347 of 2023 registered for the offences punishable under Sections 302, 120(B) of the Indian Penal Code. They have no criminal antecedent as stated in paragraph '3' of the application.
3. As per the prosecution story, the informant has alleged that the marriage of his daughter was solemnized with one Gopal Kumar who is posted as a Constable in Indian Reserve Battalion, Jamshedpur. The informant alleged that after marriage the husband of his daughter and other in-laws
Patna High Court CR. MISC. No.33415 of 2023(2) dt.21-07-2023 2/3 members were used to torture her for fulfillment of demand of dowry of Rs. 10 Lakhs and two kathas of land. It is further alleged that the daughter of the informant was ousted from her matrimonial house, thereafter a complaint case was filed in the court of C.J.M., Nawada and after compromise she was again taken to her matrimonial house and on 25.02.2023 the informant received information that his daughter was killed by hanging, hence, the present case.
4. Learned counsel for the petitioners submits that petitioners have been falsely implicated in this case. Learned counsel submits that the deceased had left her house with her son and had gone to Rajasthan and there she was married to someone.
5. Learned A.P.P. for the State has opposed the prayer for anticipatory bail of the petitioners.
6. Having regard to the facts and circumstances of the case wherein the marriage between the son of the petitioner no. 1 and the deceased was solemnized in the year 2015 whereafter a matrimonial discord cropped up between the couple, earlier the deceased had left her house with her son for which one F.I.R. being Nawada (Town) P.S. Case No. 1417/2019 was registered by her father, she had gone to Rajasthan and there she
Patna High Court CR. MISC. No.33415 of 2023(2) dt.21-07-2023 3/3 had married to someone but thereafter she was brought back and then allegedly she committed suicide, in the circumstances, this court, having noticed that these petitioners are the mother-inlaw, married Nanad and Nandosi of the deceased, directs that in case of their arrest/surrender within a period of four weeks from today, let the petitioners above-named be enlarged on bail on furnishing bail bond of Rs. 25,000/- (twenty five thousand) each with two sureties of the like amount each to the satisfaction of learned C.J.M., Nawada in connection with Nawada Town (Nagar) P.S. Case No. 347 of 2023, PTN-698/23, subject to the conditions as laid down under Section 438 (2) of the Cr.P.C.
7. And further condition that the court below shall verify the criminal antecedent of the petitioners and in case at any stage it is found that the petitioners have concealed their criminal antecedent, the court below shall take step for cancellation of bail bond of the petitioners. However, the acceptance of bail bonds in terms of the above-mentioned order shall not be delayed for purpose of or in the name of verification.
(Rajeev Ranjan Prasad, J) Rajeev/- U T