Umarawati Devi v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.821 of 2021 Arising Out of PS. Case No.-196 Year-2020 Thana- PHULWARIYA District- Gopalganj ====================================================== 1.
UMARAWATI DEVI, W/o Vidya Sagar Rai @ Vidya Shankar Rai, Resident of Village - Chhatu Bathua, P.S.- Fulwaria, Distt.- Gopalganj. 2.
RANJANA DEVI, W/o Sunil Rai, Resident of Village - Chhatu Bathua, P.S.- Fulwaria, Distt.- Gopalganj.
3.
SUNIL RAI, Son Of Vidya Sagar Rai, Resident of Village - Chhatu Bathua, P.S.- Fulwaria, Distt.- Gopalganj.
... ... Petitioners
Versus
The State of Bihar ... ... Opposite Party ====================================================== Appearance :
For the Petitioners :
Mr. Bijay Prakash Singh, Advocate.
For the Informant : Mr. Satendra Rai, Advocate. For the State :
Mr. Matloob Alam, A.P.P.
====================================================== CORAM: HONOURABLE MR. JUSTICE SUDHIR SINGH ORAL ORDER 23-06-2021 Learned counsel for the petitioners is directed to remove the defects, as pointed out by the office, within a period of four weeks from the date of restoration of normalcy. Vide order dated 02.03.2021, anticipatory bail petition of petitioner no. 3, namely, Sunil Rai, is dismissed as withdrawn.
Heard learned counsel for the petitioner nos. 1 and 2, learned counsel for the informant and learned A.P.P. for the State through Virtual mode.
Now, the petitioner nos. 1 and 2 are apprehending their arrest in a case for the offence registered under Sections
Patna High Court CR. MISC. No.821 of 2021(3) dt.23-06-2021 2/3 304(B)/34 of the I.P.C.
The prosecution story, in brief, is that the accused persons including the petitioner nos. 1 and 2 killed the victim due to non-fulfilment of demand of dowry.
It has been submitted by learned counsel for the petitioner nos. 1 and 2 that they have got no criminal antecedent. There is no allegation of tampering with the witnesses alleged against them. They have falsely been implicated in the present case. The petitioner no. 1 is the mother-in-law and the petitioner no. 2 is the sister-in-law (Gotani) of the deceased. They are separate in mess and property from the husband of the deceased. They have got no concern with the alleged occurrence. It has further been submitted that the deceased had committed suicide by way of hanging herself. At best, it is a case for suicide. On behalf of the learned counsel for the State, it has been submitted that the petitioner nos. 1 and 2 are named in the F.I.R/ complaint case.
Considering the aforesaid facts and circumstances of the case, let the petitioner nos. 1 and 2 above named (except petitioner no. 3, namely, Sunil Rai), in the event of arrest or surrender before the learned court below within a period of
Patna High Court CR. MISC. No.821 of 2021(3) dt.23-06-2021 3/3 twelve weeks from today, be released on anticipatory bail on their personal bond to the satisfaction of the learned J.M. Ist Class, Gopalganj, in connection with Fulwaria P.S. Case No. 196 of 2020, subject to the conditions as laid down under Section 438(2) of the Code of Criminal Procedure. Once the normalcy is restored, the petitioner nos. 1 and 2 shall furnish bail bonds of Rs. 10,000/-(Rupees Ten Thousand) only each with two sureties of the like amount each within a period of eight weeks to the satisfaction of the court concerned in connection with the aforesaid case. (Sudhir Singh, J) U.K./- U T