Shanti Devi @ Indu Devi v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.42691 of 2024 Arising Out of PS. Case No.-254 Year-2022 Thana- BACHHWARA District- Begusarai ====================================================== 1.
Shanti Devi @ Indu Devi, Wife of Krishndev Ray @ Bishundeo Rai @ Kishundeo Rai, R/O Vill.- Chamtha, Naya Tola, P.S.- Bachhwara, Dist.- Begusarai, Bihar 2.
Bishundeo Rai @ Kishundeo Rai @ Krishndev Ray Son of Anupi Ray, R/O Vill.- Chamtha, Naya Tola, P.S.- Bachhwara, Dist.- Begusarai, Bihar ... ... Petitioner/s
Versus
The State Of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Mirityunjay Kumar, Advocate For the Opposite Party/s :
Mr. Rita Verma, Advocate ====================================================== CORAM: HONOURABLE MR. JUSTICE HARISH KUMAR ORAL ORDER 13-09-2024 Heard learned Advocate appearing on behalf of the petitioner and the learned Additional Public Prosecutor for the State.
2. The petitioners apprehend their arrest in connection with Bachhwara P.S. Case No. 254 of 2022, registered for the offences punishable under Sections 304(B), 201, 120B and 34 of the Indian Penal Code.
3. Allegedly the marriage of the daughter of the informant was solemnized with the son of the petitioners on 06.04.2022. Soon after the marriage the victim was subjected to demand of dowry and on account of non-fulfillment of the same, she was done to death and her body was disposed of
Patna High Court CR. MISC. No.42691 of 2024(3) dt.13-09-2024 2/3 surreptitiously.
4. Learned counsel appearing on behalf of the petitioner contended that the petitioners are none else but the parents-in-law, who have been living separately in their mess and business from their son and in no manner concerned with the alleged occurrence. Learned Advocate further contended that on account of some trifle between the husband and wife, the wife committed suicide, however, the exact reason is not known to the petitioners. Referring to the FIR, learned Advocate for the petitioners further contended that there is omnibus nature of allegation against all together eleven family members including the petitioners. Moreover, with the consent of the family members of the victim the cremation was done; but thereafter, this case has been instituted. The petitioners-in-law having fair antecedent, they undertake before this Court that they will fully cooperate in the proceeding of the Court.
5. On the other hand, learned Advocate for the State vehemently opposed the pre-arrest bail application and submits that within few months of the marriage the victim was done to death and, as such, the complicity of the petitioners being parents-in-law cannot be ruled out.
6. Regard being had to the submissions made on
Patna High Court CR. MISC. No.42691 of 2024(3) dt.13-09-2024 3/3 behalf of the parties and considering the fact that the petitioners are parents-in-law having general and omnibus allegation, coupled with the fact that the husband of the deceased is behind the bar, let the petitioners above named 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) with two sureties of the like amount each to the satisfaction of the learned Chief Judicial Magistrate, Begusarai in connection with Bachhwara P.S. Case No. 254 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 petitioner. (Harish Kumar, J) supratim/- U T