Umapati Devi v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.37129 of 2024 Arising Out of PS. Case No.-247 Year-2023 Thana- MANJHAGARH District- Gopalganj ====================================================== 1.

Umapati Devi W/O - Ramparvesh Prasad R/O - VILLAGE - KHUSAL DUMRI DISTRICT - SARAN, STATE - BIHAR 2.

Dr Usha Kumari @ Usha Kumari D/O - Ramparvesh Prasad R/O- 117/62 - B block, Geeta Nagar, Dist- Kanpur , State - Uttar Pradesh ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Adarsh Ranjan For the Opposite Party/s :

Mr.Atul Chandra ====================================================== CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA ORAL ORDER 16-05-2024 1.

Heard learned counsel for the petitioners and learned A.P.P. for the State.

2.

The petitioners apprehend their arrest in a case registered for the offences punishable under Sections 304B, 34 and 302 of the Indian Penal Code.

3.

Learned counsel for the petitioners submits that the petitioners are persons with clean antecedent and are women and have been falsely implicated in the instant case by the informant, who is father of the deceased. It is next submitted that the informant alleges that his daughter was married to Dr. Mukesh Kumar on 27-2-2023 and on 18-7-2023, he received an information that his daughter has been strangulated to death,

Patna High Court CR. MISC. No.37129 of 2024(2) dt.16-05-2024 2/3 accordingly, he reached the place of occurrence where he found the dead body of his daughter is lying, thus alleges that the accused persons, including the petitioners, were involved in killing of his daughter.

4.

Learned counsel for the petitioners submits that petitioner No. 1 is aunt (bua) and petitioner No. 2 is cousin sister of the husband of the deceased. It is next submitted that petitioner No. 2 is daughter of petitioner No. 1 and they have been implicated in the instant case with an allegation that husband of the deceased was having an affair with the petitioner No. 2. It is next submitted that petitioner No. 2 is cousin sister of the husband of the deceased and there was absolutely no relationship in between the petitioner No. 2 and the husband of the deceased. It is also submitted that they reside separately and based on suspicion, they have been implicated when informant is not an eye-witness to the occurrence. It is also submitted that if the husband of the deceased was having extra-marital relation with the petitioner No. 2, in that event, the informant or the deceased would have instituted a case prior to the occurrence. 5.

Learned A.P.P. for the State opposes the prayer for anticipatory bail of the petitioners.

6.

Considering the submissions made by the learned

Patna High Court CR. MISC. No.37129 of 2024(2) dt.16-05-2024 3/3 counsel for the petitioners, the petitioners above-named, in the event of their arrest or surrender before the learned trial court within a period of six weeks from today, be released on anticipatory bail on furnishing bail bonds of Rs. 10,000/- (Rupees Ten Thousand) each with two sureties of the like amount each to the satisfaction of the learned trial court where the case is pending/successor court in connection with Manjhagadh P.S. Case No. 247 of 2023, subject to the conditions as laid down under Section 438 (2) of the Cr.P.C. (Satyavrat Verma, J) SUMIT/- U T