Sunaina Devi v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.35589 of 2020 Arising Out of PS. Case No.-35 Year-2020 Thana- WARISLIGANJ District- Nawada ====================================================== 1.
SUNAINA DEVI W/o Late Vipin Singh R/o village- Ward No. 17, Sambey, P.S.- Warsaliganj, District- Nawada 2.
Mithlesh Devi W/o Arun Singh R/o village- Ward No. 17, Sambey, P.S.- Warsaliganj, District- Nawada ... ... Petitioners
Versus
The State of Bihar ... ... Opposite Party ====================================================== Appearance :
For the Petitioner/s :
Mr.Vijay Anand For the Opposite Party/s :
Mr. Satyanand Shukla ====================================================== CORAM: HONOURABLE MR. JUSTICE RAJENDRA KUMAR MISHRA ORAL ORDER 09-04-2021 As prayed for, let the learned counsel appearing for the petitioners remove the defect(s), as pointed out by the office vide its notes dated 15.12.2020, within four weeks of starting of Court proceeding in physical mode in normal course. Heard learned counsel for the petitioners and the learned A.P.P. for the State through video conferencing. The petitioners apprehends their arrest in connection with Warsaliganj P.S. Case no. 35 of 2020, registered under Section 304(B) and 201/34 of the Indian Penal Code.
The accusation is that the marriage of Puja Kumari, daughter of informant, was performed before four years with Dipak Kumar, son of Late Bipin Singh of village-
Patna High Court CR. MISC. No.35589 of 2020(2) dt.09-04-2021 2/3 Sambey, P.S. Warsaliganj, District-Nawada. After the marriage, the daughter of informant was being tortured for demand of dowry, in the meantime, she was blessed with issue, later on, she was removed from the matrimonial house, but, anyhow, she again went at her matrimonial house, where, she again being tortured. On 06/07-02.2020, villager Diwkar Singh informed to informant Sudhir Singh about killing of daughter of informant due to non-fulfillment of demand of dowry.
Learned counsel for the petitioners submits that, in fact, deceased, daughter of informant, died due to pneumonia and the information was also given to the informant, but with ulterior motive, the informant lodged the present case. Further submission is that in postmortem examination, no any external injury was found over the dead body of the deceased, daughter of information. Sri Vijay Anand, learned counsel appearing on behalf of petitioners submits at bar that Dipak Kumar, husband of deceased is in custody and both the petitioners are motherin-law and cousin mother-in-law of deceased, daughter of informant and they have falsely been implicated in this case. 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
Patna High Court CR. MISC. No.35589 of 2020(2) dt.09-04-2021 3/3 within a period of four 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 learned A.C.J.M.1st , Nawada in connection with Warsaliganj P.S. Case No. 35 of 2020, subject to the condition as laid down under Section 438
(2) of the Cr.P.C.
(Rajendra Kumar Mishra, J) manish/- U T