Asha Devi v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.34881 of 2020 Arising Out of PS. Case No.-350 Year-2019 Thana- DINARA District- Rohtas ====================================================== 1.

Asha Devi, W/o Surendra Rai, Resident of Village - Semari, P.S. Dinara, District - Rohtas.

2.

Surendra Rai, Son of Late Deoraj Rai, Resident of Village - Semari, P.S. Dinara, District - Rohtas.

3.

Ruby Devi, D/O Surendra Rai, Resident of Village - Semari, P.S. Dinara, District - Rohtas.

4.

Manish Kumar Patel, Son of Surendra Rai, Resident of Village - Semari, P.S. Dinara, District - Rohtas.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Shankar Kumar, Advocate, For the Opposite Party/s :

Mr. Prem Kumar Jha, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RAJENDRA KUMAR MISHRA ORAL ORDER 06-04-2021 As prayed for, let the learned counsel appearing for the petitioners remove the defect(s), as pointed out by the office, within four weeks of starting of the Court proceeding in physical mode in normal course.

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

The petitioners apprehend their arrest in connection with Dinara P.S. Case No. 350 of 2019, registered under Sections 302 and 201/34 of the Indian Penal Code. The accusation is that marriage of sister of

Patna High Court CR. MISC. No.34881 of 2020(2) dt.06-04-2021 2/3 informant, Mithilesh Kumar Patel, was performed with Sonu Kumar Patel in the year 2010 and due to their wedlock, his sister was blessed with two children but in spite of that, his sister was being tortured by her husband and in-laws due to nonfulfillment of cash of Rs.2,00,000/-. On 25.12.2019, informant received information on mobile that his sister has been killed by her husband and in-laws. Thereafter, informant went at Sasural house of his sister then saw that husband and in-laws got preparing for cremation of the dead body of his sister at the bank of river. On query, husband and in-laws of his sister did not give satisfactory reply.

Learned counsel for the petitioners submits that, in fact, sister of the informant died due to illness and on giving information, funeral was performed but with ulterior motive, informant lodged the present case with false allegation. Further submission is that petitioners are, respectively, mother-in-law, father-in-law, Nanad and Bhaisur of the deceased and they have falsely been implicated in the present case only to give undue pressure. Further submission is that Sonu Kumar Patel, husband of the deceased, sister of the informant, is in custody and the charge sheet under Sections 306 and 201 of the Indian Penal Code

Patna High Court CR. MISC. No.34881 of 2020(2) dt.06-04-2021 3/3 Having regard to the facts and circumstances of the case, let the above named petitioners be released on bail, in the event of their arrest or surrender before the learned Court below within a period of six weeks from today, on furnishing bail bond of Rs. 10,000/- (ten thousand) each with two sureties of the like amount each to the satisfaction of the learned A.C.J.M., Bikramganj, Rohtas, in connection with Dinara P.S. Case No. 350 of 2019, subject to the condition as laid down under Section 438(2) of the Cr.P.C.

(Rajendra Kumar Mishra, J) Bhardwaj/- U T