Phool Kumari @ Ful Kumari Devi v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.47838 of 2022 Arising Out of PS. Case No.-215 Year-2022 Thana- KANTI District- Muzaffarpur ====================================================== 1.

PHOOL KUMARI @ FUL KUMARI DEVI W/o Jatahu Ram @ Chandradeo Ram 2.

Jatahu Ram @ Chandradeo Ram S/o Bhirkhi Ram, Both R/o village- Kanti Morsar, Ward No. 01, P.S.- Kanti, District- Muzaffarpur ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Hari Kishore Thakur, Advocate For the Opposite Party/s :

Mr.Nagendra Prasad, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RAJIV ROY ORAL ORDER 04-01-2023 Heard learned counsel for the petitioners and the learned APP for the State.

The petitioners apprehend their arrest in connection with Kanti P.S. Case No.215 of 2022 instituted under Section 304(B) of the Indian Penal Code.

As per the FIR, the informant has alleged that his sister's marriage was solemnized with the son of the present petitioners who are father-in-law and mother-in-law, but for want of motorcycle, she was tortured and finally on 28.03.2022 they came to know that she has been killed.

Learned counsel for the petitioners submit that they are aged father-in-law and mother-in-law and had nothing to do with the family affairs of the son and daughter-in-law. Further,

Patna High Court CR. MISC. No.47838 of 2022(2) dt.04-01-2023 2/2 the husband of the deceased was away from the home in Delhi and may be due to mental agony, the lady committed suicide which has been given the colour of murder. In any case, they do not have any role to play in the matter.

Learned APP on the other hand submits that it is a case of death of the sister of the informant and as such the petitioners do not deserve bail.

Taking into account the fact that petitioners are fatherin-law and mother-in-law of the deceased, they do not have criminal antecedent and as per the statement of the petitioners, they were living away from the couple, this Court is inclined to grant them the privilege of anticipatory bail. Let the petitioners be released on bail, in the event of their arrest or surrender before the Sub-ordinate court within a period of four weeks from the receipt of this order, on furnishing bail bond of Rs.10,000/-(Rupees Ten Thousand) each with two sureties of the like amount each in connection with Kanti P.S. Case No.215 of 2022 to the satisfaction of learned Judicial Magistrate, Ist Class, Muzaffarpur (West), subject to the conditions as laid down under Section 438(2) of the Cr.P.C. (Rajiv Roy, J) Prakash Narayan /- U T