Diksha Devi @ Dichha Devi v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.3774 of 2021 Arising Out of PS. Case No.-227 Year-2019 Thana- DARAUNDA District- Siwan ====================================================== 1.

DIKSHA DEVI @ DICHHA DEVI W/O ABHISHEK KUMAR SINGH RESIDENT OF VILLAGE-HATHOPUR, P.S.-DARAUNDA, DISTRICTSIWAN. 2.

ABHISHEK KUMAR SINGH @ ABHISHEK KUMAR S/O KRISHNA SINGH RESIDENT OF VILLAGE-HATHOPUR, P.S.-DARAUNDA, DISTRICT-SIWAN.

... ... Petitioner/s

Versus

THE STATE OF BIHAR ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Prashant Kumar For the Opposite Party/s :

Mr. Ram Priya Sharan Singh ====================================================== CORAM: HONOURABLE MR. JUSTICE ASHUTOSH KUMAR ORAL ORDER 23-07-2021 Heard Mr. Prashant Kumar, learned counsel for the petitioners and Mr. Ram Priya Sharan Singh, learned APP for the State.

The petitioners seek bail in anticipation of their arrest in connection with Daraunda P.S. Case No. 227/2020 instituted for the offence under Sections 304B, 201/34 of the Indian Penal Code.

The petitioner no. 2 is the younger brother of the husband of the deceased whereas the petitioner no. 1 is the wife of petitioner no. 2.

By order dated 30.06.2021, case diary was

Patna High Court CR. MISC. No.3774 of 2021(3) dt.23-07-2021 2/3 called for and petitioner no. 1 was granted provisional bail on account of her being in an advanced stage of pregnancy. Learned counsel for the petitioners has submitted that there is no specific accusation against the petitioners. Petitioner no. 2 had been serving in a foreign country and had come to Indian only to get married. The deceased herself committed suicide. When this fact was found by the informant, he has expressed his desire not to prosecute the accused persons any further.

Be that as it may, the mother-in-law of the deceased was taken into custody but she has been granted bail. The investigation reports further disclose that the husband of the deceased was also taken into custody. The learned counsel for the petitioners is not in a position to exactly state about the status of the case of the husband of the deceased.

In view of the fact that the petitioner no. 2 had been working in a foreign country and had come to India only to get married, the petitioner no. 2 is directed to be released in the event of his arrest or surrender before the

Patna High Court CR. MISC. No.3774 of 2021(3) dt.23-07-2021 3/3 court below within a period of eight weeks from the date of receipt / production of a copy of this order, on furnishing bail bonds of Rs. 10,000/- (Rupees Ten Thousand) each with two sureties of the like amount each to the satisfaction of learned Judicial Magistrate, Siwan, in connection with Daraunda P.S. Case No. 227/2020, subject to the condition laid down under Section 438 (2) of the Code of Criminal Procedure.

Taking into account the fact that the petitioner no. 1 also got into the family fold after her marriage with the petitioner no. 2 and is in an advanced stage of pregnancy, the provisional bail granted to her is hereby confirmed. She shall remain on the same bail bonds.

The application stands disposed of accordingly. (Ashutosh Kumar, J) sunilkumar/- U T