Savita Devi @ Savita Kumari v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.49172 of 2023 Arising Out of PS. Case No.-190 Year-2023 Thana- TEKARI District- Gaya ====================================================== Savita Devi @ Savita Kumari, W/O Sunil Kumar, R/O Village- Ghanto, Ps. Goh, Dist. Aurangabad ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Arvind Kumar Singh, Advocate For the Opposite Party/s :

Mr. Binod Kumar, APP For the Informant :

Mr. Manish Kumar No.2, Advocate ====================================================== CORAM: HONOURABLE MR. JUSTICE ARUN KUMAR JHA ORAL ORDER 11-08-2023 Heard learned counsel for the petitioner and learned APP for the State as well as learned counsel for the informant.

2. In this case, the petitioner is apprehending his arrest in connection with Tekari P.S. Case No. 190 of 2023, registered for the offences under Sections 304(B)/34 of the Indian Penal Code.

3. As per prosecution case, daughter of the informant was married with co-accused Pankaj Kumar. Allegation is demand of dowry and torture related to non-fulfillment of this demand. Later on, the daughter of the informant died allegedly after falling from the roof. The informant named the petitioner and other coaccused persons who killed his daughter.

4. Learned counsel for the petitioner submits that petitioner is innocent and has been falsely implicated in this case. Petitioner is married sister-in-law of the deceased daughter of the

Patna High Court CR. MISC. No.49172 of 2023(2) dt.11-08-2023 2/3 informant and she used to live in her matrimonial home. The petitioner never demanded anything from the daughter of the informant and never tortured her in any manner. This fact is also clear from the F.I.R. There is general and omnibus allegation against all the accused persons without any substance. Husband of the deceased is already in jail. Petitioner is having clean antecedent.

5. Learned APP as well as learned counsel for the informant oppose the submission made on behalf of the petitioner. Learned counsel for the informant submits that the petitioner and other co-accused persons were involved in killing the daughter of the informant and the death occurred within three years of marriage.

6. Having regard to the facts and circumstances and submissions made on behalf of the parties and considering the fact that the petitioner is said to be the married sister-in-law of the deceased daughter of the informant and allegations are mostly general and vague, let the petitioner above named, in the event of his arrest or surrender before the court concerned within a period of eight weeks from today, be released on bail, on furnishing bail bonds of Rs. 20,000/- (Rupees Twenty Thousand Only) with two sureties of the like amount each to the satisfaction of learned Additional Chief Judicial Magistrate-VI, Gaya/court concerned in

Patna High Court CR. MISC. No.49172 of 2023(2) dt.11-08-2023 3/3 connection with Tekari P.S. Case No. 190 of 2023, subject to the conditions as laid down under Section 438(2) of the Code of Criminal Procedure and other following conditions: (i) One of the bailors will be a close relative of the petitioner.

(ii) The petitioner will remain present on each and every date fixed by the court below, if so required by the learned trial court.

(Arun Kumar Jha, J) balmukund/- U T