Suresh Singh @ Birendra Singh v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.40489 of 2019 Arising Out of PS. Case No.-52 Year-2019 Thana- LAURIA District- West Champaran ====================================================== 1.

SURESH SINGH @ BIRENDRA SINGH S/o-Late Shankar Singh Resident of Village-Siswaniya Writi Tola, P.S.-Lauriya, District-West Champaran. 2.

Dukhni Devi @ Priyanka Devi Wife of Suresh Singh @ Birendra Singh Resident of Village-Siswaniya Writi Tola, P.S.-Lauriya, District-West Champaran.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Bimlesh Kumar Pandey For the Opposite Party/s :

Mr.Rajendra Singh ====================================================== CORAM: HONOURABLE MR. JUSTICE RAJENDRA KUMAR MISHRA ORAL ORDER 02-07-2019 At the very outset, learned counsel for the petitioners submits that the petitioner no.1, namely, Suresh Singh alias Birendra Singh, died during the pendency of this application and, as such, this application in respect of the petitioner no.1, above named, has become infructuous and seeks permission to withdraw this application in respect of the petitioner no.1, above named.

Permission is accorded.

This application in respect of the petitioner no.1, above named, is dismissed as withdrawn.

Now, only the prayer of the petitioner no.2, namely, Dukhni Devi alias Priyanka Devi, for grant of privilege of pre-

Patna High Court CR. MISC. No.40489 of 2019(2) dt.02-07-2019 2/3 arrest bail is being considered.

Heard.

The petitioner no.2, namely, Dukhni Devi alias Priyanka Devi, apprehends her arrest in connection with Lauriya P.S. Case No.52 of 2019 registered under Sections 304((B)/34 of the Indian Penal Code.

The accusation is of killing the deceased, the elder sister of the informant, by her husband and other in-laws due to non- fulfillment of the dowry demand.

Learned counsel for the petitioner no.2 submits that, in fact, the deceased, the elder sister of the informant, committed suicide by hanging herself due to quarrel with her husband Jitan Singh but with an ulterior motive, the petitioner no.2, who is mother-in-law of the deceased, has also been implicated in this case. The husband of the deceased is already in custody. The petitioner no.2 has no criminal antecedent. Having considered the facts and the circumstances of the case, let the petitioner no.2, above named, in the event of her arrest or surrender by her within six weeks from today, be enlarged on bail on her furnishing bail bond of Rs.10,000/- (Rupees Ten Thousand) with two sureties of the like amount each to the satisfaction of the Additional Chief Judicial

Patna High Court CR. MISC. No.40489 of 2019(2) dt.02-07-2019 3/3 Magistrate-I, Bettiah, West Champaran, in connection with Lauriya P.S. Case No.52 of 2019, subject to the conditions laid down under Section 438(2) Cr.P.C.

(Rajendra Kumar Mishra, J) P.S./- U T