Shakuntala Devi v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.49277 of 2023 Arising Out of PS. Case No.-479 Year-2022 Thana- BIKRAM District- Patna ====================================================== 1.

SHAKUNTALA DEVI Wife of Late Chandeshwar Sharma @ Chandeshwar Singh Resident of Village - Gorakhari, P.S.- Bikram, District - Patna 2.

Shashi Ranjan @ Shashi Ranjan Kumar @ Chotu Son of Late Chandeshwar Sharma @ Chandeshwar Singh Resident of Village - Gorakhari, P.S.- Bikram, District - Patna ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Shashank Shekhar For the Opposite Party/s :

Mr.Gulnar Begum ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH ORAL ORDER 23-08-2023 Heard learned counsel for the petitioners and the State.

2. Petitioners apprehend arrest in a case registered for the offence punishable under Section 304B/34 of the Indian Penal Code.

3. As per prosecution case, these petitioners killed the daughter of informant for dowry.

4. Petitioner No.1 is mother-in-law and petitioner No.2 is brother-in-law of the deceased.

5. Learned counsel appearing for the petitioners submits that petitioners are innocent and have falsely been implicated in the case. It is further submitted that informant is

Patna High Court CR. MISC. No.49277 of 2023(2) dt.23-08-2023 2/2 not an eye witness of the occurrence and only on suspicion petitioners have been made accused in this case. It is next submitted that deceased was a lady of short temperament and on the fateful day some altercation took place between husband and wife and she committed suicide by hanging herself. During the course course of investigation the informant, realizing his mistake, in his statement u/s 164 of the Cr. P. C. denied the prosecution case and stated that out of anger he has lodged this false case. Petitioners have got clean antecedent.

6. Learned counsel appearing for the State opposes the prayer for anticipatory bail.

7. Considering the facts of the case and clean antecedent of the petitioner, let the petitioners, above named, in the event of their arrest/ surrender within a period of six weeks from today shall be enlarged on bail on furnishing bail bond of Rs. 10,000/- (ten thousand) each with two sureties of the like amount each to the satisfaction of ACJM-VI, Danapur, Patna Jehanabad in connection with Bikram PS case No. 479/ 2022, subject to conditions laid down u/s 438(2) of the Cr. P. C. (Prabhat Kumar Singh, J) BKS/- U T