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Patna High CourtCR. MISC./37812/2020bail granted

Kiran Devi v. The State Of Bihar

2021-07-06Mr. Justice Rajendra Kumar Mishra3 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.37812 of 2020 Arising Out of PS. Case No.-82 Year-2020 Thana- VISHNUPAD District- Gaya ====================================================== 1.

KIRAN DEVI W/o Late Amarnath Pathak @ Suggo Lal Pathak @ Ajay Shankar Pathak R/o Mohalla- Morcha Gali Chand Choura, P.S.- Vishnupad, District- Gaya.

2.

SWETA PATHAK @SWETA KUMARI@JHUNA W/o Ranjeet Pathak R/o Mohalla- Morcha Gali Chand Choura, P.S.- Vishnupad, District- Gaya. ... ... Petitioners.

Versus

The State of Bihar ... ... Opposite Party.

====================================================== Appearance :

For the Petitioners :

Mr. Baxi S.R.P. Sinha, Senior Advocate.

For the State :

Ms. Rina Sinha, A.P.P.

For the Informant :

Mr. Bhaskar Shankar, Advocate.

====================================================== CORAM: HONOURABLE MR. JUSTICE RAJENDRA KUMAR MISHRA ORAL ORDER 06-07-2021 As prayed for, through Video Conferencing, let the learned Senior counsel for the petitioners remove the defect(s), as pointed out by the office vide its notes dated 21.12.2020, within four weeks of starting of the Court proceeding in physical mode in normal course.

Heard learned Senior counsel for the petitioners and the learned A.P.P. for the State as also the learned counsel for the informant, through Video Conferencing.

The petitioners apprehend their arrest in connection with Vishnupad P.S. Case No.82 of 2020 registered under Sections 304-B/34 of the Indian Penal Code.

Patna High Court CR. MISC. No.37812 of 2020(2) dt.06-07-2021 2/3 The accusation is that the informant performed the marriage of his daughter Priyanshi Kumari alias Deepa Devi alias Deepika Devi with Narendra Lal Pathak, son of Late Amar Nath Pathak alias Suggo Lal Pathak, on 16.02.2016 according to Hindu Customs but, thereafter, the daughter of the informant was being tortured by male and female members of her Sasural giving threatening to kill her. On 02.05.2020, the informant received information about the murder of his daughter. Thereafter, the informant along with others went at the sasural house of his daughter, where the informant found his daughter dead. The informant also alleged that there is male issue of his daughter aged about 3 years.

Learned Senior counsel for the petitioners submits that the petitioner no.1 is the mother-in-law whereas the petitioner no.2 is the Gotni of the deceased, the daughter of the informant. After marriage, the deceased used to reside separate with her husband and the deceased committed suicide due to quarrel with her husband but with an ulterior motive, the petitioners have falsely been implicated in this case. It is submitted at the Bar by the learned Senior counsel for the petitioners that Narendra Lal Pathak, the husband of the deceased, is already in custody since 25.06.2020. The

Patna High Court CR. MISC. No.37812 of 2020(2) dt.06-07-2021 3/3 petitioners, who are ladies, have no criminal antecedents. Having considered the facts and the circumstances of the case, let the petitioners, above named, in the event of their arrest or surrender by them within six weeks from today, be enlarged on bail on their furnishing bail bond of Rs.10,000/- (Rupees Ten Thousand) each with two sureties of the like amount each to the satisfaction of the Chief Judicial Magistrate, Gaya, in connection with Vishnupad P.S. Case No.82 of 2020, subject to the conditions laid down under Section 438(2) Cr.P.C. (Rajendra Kumar Mishra, J) P.S./- U T