Bachiya Devi v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.46767 of 2022 Arising Out of PS. Case No.-3 Year-2022 Thana- GOPALPUR District- Gopalganj ====================================================== 1.

Bachiya Devi W/O Mahanth Gond @ Mahanth Sah R/o village- Chero Tola Daurawa, P.S.- Gopalpur, District- Gopalganj 2.

Subash Gond @ Subash Sah S/o Mahanth Gond @ Mahanth Sah R/o village- Chero Tola Daurawa, P.S.- Gopalpur, District- Gopalganj ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Dhramveer For the Opposite Party/s :

Mr.Mohammed Arif ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH ORAL ORDER 08-12-2022 Heard learned counsel for the petitioners, informant and the State.

Petitioners apprehend arrest in a case registered for the offences punishable under Sections 304(B)/34 of the Indian Penal Code and Section 3⁄4 of Dowry (Prohibition) Act. As per prosecution case, all the FIR named accused persons including these petitioners killed the daughter of the informant due to non-fulfillment of demand of dowry. Petitioner No. 1 is mother-in-law and petitioner No. 2 is brother-in-law of the deceased.

Learned counsel appearing for the petitioners submits that the petitioners are innocent and have falsely been

Patna High Court CR. MISC. No.46767 of 2022(2) dt.08-12-2022 2/2 implicated in this case. There is no specific allegation of demand of dowry and assault against the petitioners. They are separate in mess and property and have got no concern with the affairs of the deceased and her husband. As a matter of fact, due to petty dispute between husband and wife, the deceased committed suicide and just after one day of the incident husband of the deceased also committed suicide. Petitioners have got clean antecedent.

Considering the aforesaid facts and circumstances, let the above named petitioners in the event of their arrest/surrender before the court below within a period of thirty days from the date of receipt/production of copy of this order, be enlarged on bail on furnishing bail-bond of Rs. 10,000/- (ten thousand) each with two sureties of the like amount each to the satisfaction of Judicial Magistrate, 1st Class, Gopalganj in Gopalpur P. S. Case No. 03 of 2022, subject to condition as laid down under Section 438(2) of the Code of Criminal Procedure.

(Prabhat Kumar Singh, J) Navya/- U T