Sakalman Devi v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.39059 of 2019 Arising Out of PS. Case No.-419 Year-2018 Thana- TAJPUR District- Samastipur ====================================================== 1.

SAKALMAN DEVI aged about 55 years (Female), Wife of Butan Roy @ Butan Ray 2.

Bibha Devi @ Vibha Devi aged about 36 years (Female), Daughter of Butan Roy @ Butan Ray All are resident of Village - Chaksikandar, P.S.- Tajpur, District - Samastipur. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Pramod Kumar Singh, Advocate For the Opposite Party/s :

Mr.Shaheen Begum, Advocate ====================================================== CORAM: HONOURABLE MR. JUSTICE RAJEEV RANJAN PRASAD ORAL ORDER 20-09-2019 Heard learned counsel for the petitioners and learned Additional Public Prosecutor for the State.

The petitioners in the present case are the mother-inlaw and married sister-in-law of the deceased, they are seeking anticipatory bail in connection with Tajpur P.S. Case No. 419 of 2018 registered under Sections 304B, 201, 34 of the Indian Penal Code.

Learned counsel for the petitioners submits that these petitioners have been falsely implicated in this case only because they happened to be the near relatives of the husband of the deceased. It is submitted that in course of investigation the Investigating Officer has not collected any material so as to

Patna High Court CR. MISC. No.39059 of 2019(4) dt.20-09-2019 2/3 even prima facie connect these petitioners with the alleged occurrence, rather, in the case diary, it has transpired that the husband of the deceased is working in the State of Punjab, the deceased was not having good relationship with her husband as she was more educated than her husband. It has also come in course of investigation that the married sister-in-law (petitioner no. 2) lives in her sasural and the mother-in-law is a simple lady who had never been found quarreling with anybody. Learned A.P.P. has opposed the prayer for anticipatory bail, as according to him, the father-in-law and mother-in-law were residing in the Sasural with the deceased. He however admits that in the case diary it has come that the deceased had committed suicide by hanging herself.

In the given facts and circumstances of the case, since in course of investigation no prima-facie material has been collected by the Investigating Officer to show any act or omission on the part of these petitioners in the alleged occurrence and it has come that the petitioner no. 2 is living in her Sasural, in the event of his arrest/surrender before the court below within a period of four weeks, let the above-named petitioners be enlarged on bail furnishing bail bond of Rs. 15,000/- (Rupees Fifteen Thousand only) each with two sureties

Patna High Court CR. MISC. No.39059 of 2019(4) dt.20-09-2019 3/3 of the like amount each to the satisfaction of learned A.C.J.M. - 1st, Samastipur, in connection with Tajpur P.S. Case No. 419 of 2018, subject to condition prescribed under Section 438(2) of the Code of Criminal Procedure.

(Rajeev Ranjan Prasad, J) Rajeev/- U T