Neelam Devi v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.35589 of 2023 Arising Out of PS. Case No.-150 Year-2022 Thana- PANDARAK District- Patna ====================================================== 1.
NEELAM DEVI W/O RAM SAGAR SAO @ SAGAR SAO R/O VillageChhotaki Durga Asthan Pandarak, P.S-Pandarak, Dist.-Patna 2.
RAM SAGAR SAO @ SAGAR SAO S/O LATE MANGAL SAO R/O Village-Chhotaki Durga Asthan Pandarak, P.S-Pandarak, Dist.-Patna 3.
SAPNA DEVI @ GAURI DEVI W/O MITHU SAO @ KUNDAN KUMAR R/O Village-Chhotaki Durga Asthan Pandarak, P.S-Pandarak, Dist.-Patna ... ... Petitioner/s
Versus
The State Of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Ram Adya Singh, Adv.
For the Opposite Party/s :
Mr. Abhay Kumar Roy, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE HARISH KUMAR ORAL ORDER 25-07-2023 Heard Mr. Ram Adya Singh, learned counsel appearing on behalf of the petitioners and Mr. Abhay Kumar Roy, learned Additional Public Prosecutor for the State.
2. The petitioner nos. 1 and 2 are parents-in-law whereas petitioner no. 3 is the sister-in-law(gotani), who are apprehending their arrest in connection with Pandarak P.S. Case No. 150 of 2022, registered for the offences punishable under Sections 304(B), 201/34 of the Indian Penal Code.
3. It is alleged that the marriage of the daughter of the informant was solemnized in the year 2020, however, soon after the marriage she was subjected to demand of dowry and on
Patna High Court CR. MISC. No.35589 of 2023(2) dt.25-07-2023 2/3 account of non-fulfillment of the same, she was done to death by all the FIR named accused persons, including the petitioners.
4. Learned counsel appearing on behalf of the petitioners submits that soon after the marriage in the year 2020, the husband and the deceased started living separately from the petitioners where the deceased has also given birth to her child, who is now aged about one year. He further submits that in fact on account of some trifle the deceased committed suicide and thereafter an information was given to her family members but they without knowing the fact instituted the FIR. However, having been realized the true facts the informant has filed a petition before the court below admitting the fact that the petitioners have no role in causing the death of the deceased. In support of the aforesaid averments, the petitioners have brought on record Annexures 2 and 3. He lastly submits that the petitioners are persons of fair antecedent and they will fully cooperate in the trial till its conclusion.
5. On the other hand, learned counsel for the State vehemently opposed the bail application and submits that the FIR speaks about the involvement of the petitioners.
6. Regard being had to the submissions made on behalf of the parties and considering the fact that the petitioners
Patna High Court CR. MISC. No.35589 of 2023(2) dt.25-07-2023 3/3 were residing separately to the deceased and her husband and moreover, the petitioners are parents-in-law and sister-in-law, let the petitioners abovenamed be released on bail, in the event of their arrest or surrender before the court below within a period of four weeks from the date of receipt/production of a copy of this order, upon furnishing bail bonds of Rs.10,000/- (ten thousand) each with two sureties of the like amount each to the satisfaction of the learned Chief Judicial Magistrate, Barh, Patna in connection with Pandarak P.S. Case No. 150 of 2022, subject to the conditions laid down in Section 438(2) Cr.P.C. with the further condition that one of the bailors shall be the own/close family members of the petitioners.
(Harish Kumar, J) Anjani/- U T