Birja Devi @ Gita Devi v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.37300 of 2022 Arising Out of PS. Case No.-57 Year-2022 Thana- CHANPATIA District- West Champaran ====================================================== 1.

BIRJA DEVI @ GITA DEVI WIFE OF PHEKU MAHTO R/O VILLAGEKUDWA MATHIYA, POLICE STATION- CHANPATIYA (KUMARBAGH O.P.), DISTRICT-WEST CHAMPARAN 2.

ANTIMA DEVI @ ANTIMA KUMARI DAUGHTER OF PHEKU MAHTO R/O VILLAGE- KUDWA MATHIYA, POLICE STATIONCHANPATIYA (KUMARBAGH O.P.), DISTRICT-WEST CHAMPARAN ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Brij Kishor Mishra, Advocate For the Opposite Party/s :

Mr. Shailendra Kumar, A.P.P.

====================================================== CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA ORAL ORDER 12-12-2022 Heard learned counsel for the petitioners and learned A.P.P. for the State.

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

The informant alleges that his daughter was married to Solelal in June 2021, after marriage the accused persons including the petitioners were demanding Rs. 2 lacs by way of dowry, further, on 3.02.2022, he came to know that his daughter was killed, accordingly, reached the place of occurrence and found the dead body of her daughter hanging from the ceiling and the accused had fled.

Patna High Court CR. MISC. No.37300 of 2022(6) dt.12-12-2022 2/3 Learned counsel for the petitioners submits that the petitioners are persons with clean antecedent and petitioner No. 1 is mother-in-law and petitioner No. 2 is unmarried sister-inlaw aged about 19 years.

Learned counsel further submits that the petitioners have been falsely implicated in the present case, it is next submitted that the father-in-law of the deceased is in custody and the allegation of demand of dowry against the petitioners are general and omnibus in nature, it is also submitted that the deceased was having dispute with her husband who after marriage had gone to Kuwait, it is next submitted that the deceased wanted to accompany her husband to Kuwait but the husband, on account of some issue there, was not in a position to take her as a result of which she committed suicide, it is also submitted that even her dead body was found hanging from the ceiling. Learned counsel next submits that petitioner No. 2 is a young girl aged about 19 years and allegation against her is also general and omnibus in nature. Learned A.P.P.

for the State opposes the prayer for anticipatory bail of the petitioners.

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 trial court

Patna High Court CR. MISC. No.37300 of 2022(6) dt.12-12-2022 3/3 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 Chanpatiya P.S. Case No. 57 of 2022 subject to the conditions as laid down under Section 438 (2) of the Cr.P.C. (Satyavrat Verma, J) HarshPandey/- U T