Guriya Kumari v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.51313 of 2024 Arising Out of PS. Case No.-25 Year-2024 Thana- PAROO District- Muzaffarpur ====================================================== 1.
Guriya Kumari D/o- Raj Kishor Paswan Village- Gosai Tola Ps- Paroo DistMuzaffarpur 2.
Neha Kumari D/o- Raj Kishor Paswan Village- Gosai Tola Ps- Paroo DistMuzaffarpur 3.
Deepak Kumar Paswan @ Deepak Kumar son of Raj Kishor Paswan Village- Gosai Tola Ps- Paroo Dist- Muzaffarpur 4.
Madhu Devi wife of Sanjeet Paswan Village- Gosai Tola Ps- Paroo DistMuzaffarpur ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Santosh Kumar, Advocate For the Opposite Party/s :
Mr. Raj Kishor Singh, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RAJIV ROY ORAL ORDER 06-12-2024 Heard the parties.
2. The petitioners are apprehending their arrest in connection with Paroo P.S. Case No. 25 of 2024 for the offence under Sections 304B, 201 and 34 of the I.P.C. lodged on 20.01.2024 by the informant, Urmila Devi.
3. As per the prosecution story, the marriage took place with the lady in October, 2023, it was love marriage and as per the allegation, thereafter, the accused started demanding dowry. Later, the allegation is that on 12.01.2024, when the informant's side made query, different versions were given and then, they raised suspicion and on 10.01.2024 came to know through the villagers that she had been killed. Accordingly, the FIR.
4. Learned counsel for the petitioners submit that while petitioner no. 1 and 2 are the sisters-in-law (Nanad), petitioner
Patna High Court CR. MISC. No.51313 of 2024(3) dt.06-12-2024 2/3 no. 3 is the brother-in-law (Devar) and petitioner no. 4 is the sister-in-law (Devrani). It was a love marriage and as such, the family were living separately, the parents-in-law have been extended relief in Cr. Misc. No. 55819 of 2024, they do not have any criminal antecedent and the husband is in custody since 03.09.2024. Though the same has not been recorded in the petition, the surrender certificate from the Court of Sri Prince Bharti, learned Judicial Magistrate 1st Class-cum-A.M., Muzaffarpur West has been produced in support of his contention.
5. Learned APP opposes the prayer stating that allegation against the accused is/are of not only the killing, they also ensure the disappearance of the body
6. Taking into account the submissions put forward by the parties and also that they are living separately, are sisters-inlaw/brother-in-law and the husband has already surrendered as stated above, this Court is inclined to extend them the privilege of anticipatory bail with conditions.
7. Let the petitioners be released on bail in the event of their arrest or surrender within a period of four weeks from the receipt of this order, on furnishing bail bond of Rs. 10,000/- (Ten thousand) each with two sureties of like amount each to the satisfaction of learned Judicial Magistrate 1st Class (West),
Patna High Court CR. MISC. No.51313 of 2024(3) dt.06-12-2024 3/3 Muzaffarpur in connection with Paroo P.S. Case No. 25 of 2024 subject to the conditions as laid down under Section 438(2) of the Cr.P.C.
(i) one of the bailor should be the family member/relative of the petitioners who shall provide official document to show their bona fide;
(ii) the petitioners shall appear on each and every date before the Trial Court and failure to do so for two consecutive dates without plausible reason will entail cancellation of their bail bond by the Trial Court itself;
(iii) the petitioners shall in no way try to induce or promise or threat the witnesses or tamper with the evidences, failing which the State shall be at liberty to take steps for cancellation of the bail bonds;
(iv) the petitioners shall desist from committing any criminal offence again, failing which the State shall be at liberty to take steps for cancellation of their bail bonds. (Rajiv Roy, J) Adnan/- U T