Nisha Devi v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.51452 of 2023 Arising Out of PS. Case No.-607 Year-2022 Thana- HILSA District- Nalanda ====================================================== 1.

NISHA DEVI WIFE OF RANJAN KUMAR R/O-PAKHANPUR, P.S.- HILSA, DISTT.-NALANDA 2.

SUNITA DEVI WIFE OF LATE INDAL PASWAN R/O-PAKHANPUR, P.S.-HILSA, DISTT.-NALANDA 3.

INDAL PASWAN SON OF LATE BECHAN PASWAN R/OPAKHANPUR, P.S.-HILSA, DISTT.-NALANDA 4.

RANJAN KUMAR SON OF BAKHORI PASWAN R/O-PAKHANPUR, P.S.-HILSA, DISTT.-NALANDA ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Dr. Anjani Pd. Singh For the Opposite Party/s :

Mr. Lalan Kumar ====================================================== CORAM: HONOURABLE MR. JUSTICE ANIL KUMAR SINHA ORAL ORDER 09-11-2023

1. Heard learned Counsel for the petitioner and learned Additional Public Prosecutor for the State.

2. This application, for grant of anticipatory bail, arises out of Hilsa Police Station Case No. 607 of 2022, disclosing offences under Sections 304(B) and 34 of the Indian Penal Code.

3. As per the First Information Report, informant's daughter marriage was solemnized with co-accused Baiju Kumar on 09.05.2022. It has further been alleged that after some time, Baiju Kumar started demanding motorcycle as

Patna High Court CR. MISC. No.51452 of 2023(3) dt.09-11-2023 2/3 dowry and due to non-fulfillment of the demand, the co-accused Baiju Kumar started torturing the informant's daughter and threatened to kill. On 24.08.2022, in the evening, the informant received an information that his daughter has died of hanging. When the informant arrived at her matrimonial home, nobody was found there in the room and the dead body was lying on a bed.

4. Learned Counsel for the petitioners submits that from perusal of the First Information Report, it would be evident that allegation of demand of dowry is there against the husband only but all the family members have been made accused on the basis of general and omnibus allegations. He next submits that the petitioner No. 1, 2 are sister-in-law, petitioner No. 3 is uncle-in-law and petitioner No. 4 is brotherin-law of the deceased. He further submits that husband of the deceased has been granted regular bail by the learned Additional Sessions Judge in B.P. No. 180 of 2023.

5. Having regard to the submissions made on behalf of the parties and taking into consideration the fact that allegation against the petitioners are general and omnibus in nature and the husband has been granted regular bail, I am inclined to grant the petitioner privilege of anticipatory bail.

Patna High Court CR. MISC. No.51452 of 2023(3) dt.09-11-2023 3/3

6. This application is, accordingly, allowed.

7. Let the petitioner, Nisha Devi, Sunita Devi, Indal Paswan, Ranjan Kumar, in the event of their arrest or surrender before the Court below within four weeks, be released on bail on furnishing bail bond of Rs. 10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of learned Additional District and Sessions Judge, Hilsa (Nalanda), in connection with Hilsa Police Station Case No. 607 of 2022, subject to the condition laid down under Section 438 (2) of the Code of Criminal Procedure.

(Anil Kumar Sinha, J) HarshPandey/- U T