Uma Devi v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.33235 of 2020 Arising Out of PS. Case No.-187 Year-2019 Thana- MAHISHI District- Saharsa ====================================================== 1.

Uma Devi, aged about 62 years, Gender-Female, W/o Kari Paswan, Resident of Village- Bhagwatpur, Tola Naraiya, P.S.- Mahishi, DistrictSaharsa. 2.

Rekha Devi, aged about 30 years, Gender-Female, W/o Raj Kumar Paswan, Resident of Village- Bhagwatpur, Tola Naraiya, P.S.- Mahishi, DistrictSaharsa. 3.

Kanchan Devi, aged about 28 years, Gender-Female, W/o Bipin Paswan, Resident of Village- Bhagwatpur, Tola Naraiya, P.S.- Mahishi, DistrictSaharsa. ... ... Petitioners

Versus

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

For the Petitioners :

Mr.Pramod Mishra, Advocate.

For the Opposite Party :

Mrs. Asha Devi, A.P.P.

====================================================== CORAM: HONOURABLE MR. JUSTICE SUDHIR SINGH ORAL ORDER 25-02-2021 Learned counsel for the petitioners is directed to remove the defects, as pointed out by the office, within a period of four weeks.

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

The petitioners are apprehending their arrest in a case for the offence registered under Sections 498(A), 341, 323, 342, 363, 364, 365/34 and 3⁄4 of the D.P. Act. Subsequently, Section 302 of the I.P.C. was also added.

The prosecution story, in brief, is that the sister of the

Patna High Court CR. MISC. No.33235 of 2020(2) dt.25-02-2021 2/3 informant was married with Sanjay Paswan about 15 years ago and on account of demand of dowry, he alongwith other coaccused persons including petitioners had killed his sister and threw her dead body somewhere.

It has been submitted by learned counsel for the petitioners that the petitioners have got no criminal antecedent. There is no allegation of tampering with the witnesses alleged against the petitioners. The petitioners have falsely been implicated in the present case. The petitioner no. 1 is the mother-in-law, petitioner no. 2 is the cousin mother-in-law and petitioner no. 3 is the sister-in-law (Gotani) of the deceased. They are separate in mess and property from the husband of the deceased. They have got no concern with the alleged occurrence. The husband of the deceased is in custody. There is no eye witness to the alleged occurrence.

On behalf of the State, it is submitted that the petitioners are named in the F.I.R.

Considering the aforesaid facts and circumstances of the case, the petitioners above named, in the event of arrest or surrender before the learned court below within a period of six weeks from today, be released on anticipatory bail on furnishing bail bonds of Rs. 10,000/- (Rupees Ten Thousand Only) each

Patna High Court CR. MISC. No.33235 of 2020(2) dt.25-02-2021 3/3 with two sureties of the like amount each to the satisfaction of the learned S.D.J.M., Saharsa, in connection with Mahishi P.S. Case No. 187/2019, subject to the conditions as laid down under Section 438(2) of the Code of Criminal Procedure. (Sudhir Singh, J) U.K./- U T