Sunita Devi v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.44603 of 2019 Arising Out of PS. Case No.-82 Year-2019 Thana- BHAGWANPUR District- Begusarai ====================================================== SUNITA DEVI, aged about 51 years, Female, wife of Nand Kishore Choudhary @ Fucho Choudhary, Resident of Village Raghunandanpur P.S. Bhagwanpur, Distt.- Begusarai ... Petitioner

Versus

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

For the Petitioner :

Mr. Randhir Kumar No.1, Adv.

For the Opposite Party :

Mr. Sanjay Kumar Pandey, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RAJENDRA KUMAR MISHRA ORAL ORDER 20-09-2019 Heard learned counsel for the petitioner and learned Additional Public Prosecutor for the state.

The petitioner seeks pre-arrest bail in connection with Bhagwanpur P.S. Case No. 82 of 2019 for the offences alleged under Sections 341, 323, 498A, 504 and 506/34 of the Indian Penal Code, later on, after the death of deceased, Section 304B of the Indian Penal Code has been added.

The accusation is that after marriage of the daughter of the informant, Neelam Devi, she was being tortured through various modes by her husband and in-laws due to nonfulfillment of demand of dowry. On receiving the information, when the informant went at the house of her daughter, then, in her presence her daughter was assaulted by her in-laws. The informant made protest, then, she was also assaulted and cash of Rs.18,000/- was also snatched from the informant.

Patna High Court CR. MISC. No.44603 of 2019(3) dt.20-09-2019 2/2 The submission of the learned counsel for the petitioner is that Heera Devi, the daughter of the informant, died due to chronical tuberculosis disease, but, taking the advantage of aliment the informant has lodged the present case with false allegation while allegation has been made in the first information report about mercilessly causing assault to Heera Devi, daughter of the informant, but, in post mortem report no external injury was found. Petitioner, who is lady, has no criminal antecedent.

Having regard to the facts and circumstances of the case, let the petitioner, above named, in the event of surrender/arrest, within a period of four weeks from today, in connection with Bhagwanpur P.S. Case No. 82 of 2019 shall be released on bail on furnishing bail bond of Rs.10,000/- (rupees ten thousand) with two sureties of the like amount each to the satisfaction of the Chief Judicial Magistrate, Begusarai, or the successor Court subject to the conditions as laid down under Section 438(2) Criminal Procedure Code.

(Rajendra Kumar Mishra, J) Shamshad/- U T