Panmati Devi v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.36037 of 2024 Arising Out of PS. Case No.-356 Year-2023 Thana- PIPRA District- East Champaran ====================================================== 1.
Panmati Devi, W/o Chhandari Mahto, R/O Village- Imiliya, P.S- Pipra, District- Motihari 2.
Chhandari Mahto, Son of Visheshwar Mahto R/O Village- Imiliya, P.SPipra, District- Motihari ... ... Petitioner/s
Versus
The State Of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Natraj Verma Mr. Naresh Chandra Verma Mr/s. Sachina For the State :
Mr. Chandra Bhushan Prasad- A.P.P.
====================================================== CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA ORAL ORDER 19-06-2024
1. Heard learned counsel for the petitioners and learned APP for the State.
2. The petitioners seek bail in anticipation of their arrest in a case registered for the offences punishable under Sections 304(B) and 34 of the Indian Penal Code.
3. The learned counsel for the petitioners submits that the petitioners, being mother in-law and father in-law, have been falsely implicated in the instant case by the informant with an allegation that the daughter of the informant was married to the son of the petitioners on 02.05.2022, but after marriage, the accused persons including the petitioners started demanding dowry and for non-fulfilment of the demand, his daughter was killed.
Patna High Court CR. MISC. No.36037 of 2024(2) dt.19-06-2024 2/3
4. It is next submitted that the informant in the F.I.R. in order to give seriousness to the case alleges that he was informed by some unknown person about the occurrence. It is further submitted that the husband of the deceased had informed the informant about the death of his daughter, who had consumed poison on account of differences in between the husband and the wife. It is also submitted that though in the F.I.R., it is alleged that when the informant reached the place of occurrence, he saw the dead body of his daughter lying on the bed in a room locked from outside, which was broken and the body was taken out. It is further alleged that the deceased prior to death was assaulted leading to fracture of her leg and her two months old daughter was also lying beside her in the room and none of the family members were present.
5. The learned counsel for the petitioners submits that in order to give seriousness to the case, the informant falsely alleged that the deceased was assaulted prior to her death leading to fracture of her leg, but then, from the order impugned, it would manifest that the same records that no external injury was found. It is also submitted that the deceased committed suicide and had locked herself inside the room, which had to be broken. It is further submitted that the husband of the deceased is in custody and whenever any such occurrence takes place, the entire family
Patna High Court CR. MISC. No.36037 of 2024(2) dt.19-06-2024 3/3 members are implicated in a mechanical manner. It is next submitted that no doubt, the deceased committed suicide on account of differences with her husband, but then, the entire family members came to be implicated with general and omnibus allegation.
6. Learned A.P.P. Sri Chandra Bhushan Prasad opposes the anticipatory bail application.
7. Considering the submissions made by the learned counsel for the petitioners, the petitioners, above-named, in the event of their arrest or surrender before the learned Court below within a period of six weeks, are directed to be released on bail on their furnishing bail-bonds in the sum of Rs. 10,000/- (Rupees Ten Thousand) each with two sureties of the like amount each to the satisfaction of Sri Rahul Prakash, the learned Chief Judicial Magistrate, East Champaran, Motihari in connection with Pipra P. S. Case No.356 of 2023, subject to the conditions laid down under Section 438(2) of the Cr.P.C.
8. The application stands allowed.
(Satyavrat Verma, J) vikash/- U T