Babita Devi v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.39946 of 2024 Arising Out of PS. Case No.-41 Year-2024 Thana- GARDANIBAG District- Patna ====================================================== 1.
Babita Devi, Wife Of Geetendra Ram @ Jitendra Ram @ Jitendra Kumar Resident Of Mohalla- Gorakhpur Kushahari, Ps- Civil Lines, DistGorakhpur, Present Resident At Ambedkar Colony, Ps -gardanibagh, Dist -patna 2.
Aanchal Devi @ Aachal Devi, Wife Of Arjun Ram Village- Kathpul, Mandiri, Ps- Budha Colony, Dist- Patna ... ... Petitioner/S
Versus
The State Of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr.Madhuri Kumari For the Opposite Party/s :
Mr.Abhay Kumar ====================================================== CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA ORAL ORDER 14-08-2024
1. Heard learned counsel for the petitioners and learned APP for the State.
2. The petitioners seek bail in anticipation of their arrest in a case registered for the offences punishable under Section 304-B of the Indian Penal Code.
3. The learned counsel for the petitioners submits that the petitioners are persons with clean antecedent and the informant alleges that her daughter married Badal Ram, the marriage was love marriage. After marriage, her in-laws tortured her for dowry and demanded Rs.50,000/- and a motorcycle and threatened to oust her from the matrimonial home if demand is not fulfilled. Further, on 16.11.2023 at 12.30 A.M., Badal called
Patna High Court CR. MISC. No.39946 of 2024(3) dt.14-08-2024 2/3 and informed the informant that his wife has consumed poison and she is being taken to P.M.C.H. Accordingly, the informant rushed to the hospital where doctor declared her daughter dead.
4. The learned counsel for the petitioners submits that petitioners have been falsely implicated in the instant case. It is further submitted that from perusal of the allegation as alleged in the F.I.R., it would manifest that the allegation against the petitioners are general and omnibus in nature. It is also submitted that petitioners are married sisters of Badal and they live separately. It is next submitted that whenever any occurrence of the nature, as alleged, takes place, the entire family members are implicated in a mechanical manner with general, omnibus and ornamental allegations. It is also submitted that husband of the deceased is in custody.
5. Learned A.P.P. opposes the anticipatory bail application.
6. 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 Court below within a period of six weeks, are directed to be released on bail on their furnishing bail-bonds in the sum of Rs. 10,000/- (Rupees Ten Thousand) each with two sureties of the like
Patna High Court CR. MISC. No.39946 of 2024(3) dt.14-08-2024 3/3 amount each to the satisfaction of Smt. Tanvi Tejaswi, the learned J. M., 1st Class, Patna in connection with Gardanibagh P. S. Case No.41 of 2024, subject to the conditions laid down under Section 438(2) of the Cr.P.C.
7. The application stands allowed.
(Satyavrat Verma, J) vikash/- U T