Sugwa Devi v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.52027 of 2024 Arising Out of PS. Case No.-35 Year-2024 Thana- JAMUI District- Jamui ====================================================== SUGWA DEVI WIFE OF MAKESHWAR YADAV RESIDENT OF VILLAGE - TAL SAHARSA, P.S. - SIKANDRA, DISTRICT - JAMUI ... ... Petitioner/s

Versus

THE STATE OF BIHAR ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Sanjay Kumar Mishra, Advocate For the Opposite Party/s :

Mr. Shantanu Kumar , APP ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH ORAL ORDER 21-08-2024 Heard learned counsel for the petitioner and learned A.P.P. for the State .

2. The petitioner apprehends her arrest in a case registered for the offence under Sections 302, 304(B) / 34 of the Indian Penal Code .

3 . It is alleged that sister of the informant was married with co-accused Babloo Yadav about 4 years ago as per Hindu rites and after marriage her sister was tortured and harassed due to non-fulfillment of the demand of dowry . It is further alleged that since last one year the husband of his sister (deceased) was in illegal relation with this petitioner (wife of

Patna High Court CR. MISC. No.52027 of 2024(2) dt.21-08-2024 2/3 Makeshwar Yadav) and when deceased objected for the same , all the accused persons including this petitioner killed sister of informant (deceased).

4. Petitioner is neither relative of the husband of the deceased nor of informant and also not the resident of their house . In fact, the petitioner resides in Chandrapura, State of Jharkhand. Petitioner has been made accused in this case merely on the basis of suspicion that she has an illicit relationship with the husband of the deceased. There is no allegation of demand of dowry alleged against this petitioner. The thrust of the accusation is against the husband of the deceased. Petitioner is separate in mess and property and has no concern with the family affairs of the deceased and her husband. Petitioner is lady and claims clean antecedent. 5 . Learned A.P.P. for the State vehemently opposes the prayer for anticipatory bail of petitioner.

6. However, considering the aforesaid facts and circumstances, let the above named petitioner, in the event of arrest/surrender within a period of six weeks from today, be enlarged on bail on furnishing bail-bonds of Rs. 10,000/- (ten thousand) each with two sureties of the like amount each to the satisfaction of learned Chief Judicial Magistrate, Jamui in

Patna High Court CR. MISC. No.52027 of 2024(2) dt.21-08-2024 3/3 connection with Jamui P.S. Case No. 35 of 2024 , subject to condition as laid down under Section 438(2) of the Code of Criminal Procedure .

(Prabhat Kumar Singh, J) Koushik/- U T