Pateshwari Kunwar @ Tapeshwari Kunwar v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.41323 of 2023 Arising Out of PS. Case No.-107 Year-2023 Thana- CHANDI District- Bhojpur ====================================================== 1.
Pateshwari Kunwar @ Tapeshwari Kunwar W/O Late Bhawnath Mahto R/O Village- Bhadwar P.S. Chandi District Bhojpur 2.
Madhu Kumari D/O Ranjit Mahto R/O Village- Bhadwar P.S. Chandi District Bhojpur ... ... Petitioner/s
Versus
THE STATE OF BIHAR ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Awadhesh Kumar, Advocate For the Opposite Party/s :
Mr. Lalan Kumar, APP For the Informant :
Mr. Ajay Kumar Singh, Advocate ====================================================== CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA ORAL ORDER 07-08-2023
1. Heard learned counsel for the petitioners, learned counsel for the informant and learned A.P.P. for the State.
2. The petitioners apprehend their arrest in connection with Chandi P.S. Case No. 107 of 2023 registered for the offences punishable under Sections 304(B) and 34 of the Indian Penal Code.
3. Learned counsel for the petitioners submits that the petitioners are women having clean antecedent and the informant alleges that his niece was married with Ranjeet and she was killed by poisoning for non-fulfillment of demand of dowry of a motorcycle.
4. Learned counsel for the petitioners submits that the
Patna High Court CR. MISC. No.41323 of 2023(2) dt.07-08-2023 2/3 petitioners, being mother-in-law and unmarried stepdaughter of the deceased, have been falsely implicated in the present case, it is next submitted that the marriage of the deceased with Ranjit was second marriage, it is also submitted that from perusal of the allegations as alleged in the FIR it would manifest that the allegation of demand of dowry and torture is general and omnibus in nature. Learned counsel submits that the informant is not an eyewitness to the occurrence and the petitioners are separate in mess and property from Ranjit, it is also submitted that whenever such occurrence takes place, the entire family members are implicated in a mechanical manner, it is further submitted that husband is in custody.
5. Learned A.P.P. for the State opposes the prayer for anticipatory bail of the petitioners.
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 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 court below where the case is pending/successor court in connection with Chandi
Patna High Court CR. MISC. No.41323 of 2023(2) dt.07-08-2023 3/3 P.S. Case No. 107 of 2023 subject to the conditions as laid down under Section 438 (2) of the Cr.P.C.
(Satyavrat Verma, J) Rishi/- U T