Kaushlya Devi @ Kaushlya @ Kauslya v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.58833 of 2021 Arising Out of PS. Case No.-107 Year-2021 Thana- GOPALPUR District- Gopalganj ====================================================== 1.

KAUSHLYA DEVI @ KAUSHLYA @ KAUSLYA Wife of Sandeep Sah Resident of Village- Chailwa, P.S.- Gopalpur, District- Gopalganj. 2.

Umrawati Devi Wife of Arvind Sah Resident of Village- Chailwa, P.S.- Gopalpur, District- Gopalganj.

3.

Savitri Devi Wife of - Om Prakash Sah Resident of Village- Chailwa, P.S.- Gopalpur, District- Gopalganj.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

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

Mr.Kalyan Shankar, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA ORAL ORDER 11-07-2022 Heard learned counsel for the petitioners and learned A.P.P. for the State.

The petitioners apprehend their arrest in a case registered for the offences punishable under Sections 304(B), 201 and 34 of the Indian Penal Code.

Learned counsel for the petitioners submits that the petitioners are women and are persons with clean antecedent and the informant alleges that his sister was married to Mandeep Sah seven years ago according to Hindu rituals and out of the wedlock a son was also born, at the time of marriage gifts were given but after marriage the husband started torturing the victim

Patna High Court CR. MISC. No.58833 of 2021(2) dt.11-07-2022 2/3 mentally and physically and started demanding a Bullet motorcycle after selling the motorcycle which was gifted to him at the time of marriage. It is further alleged that on 07.06.2021, the victim called him on his mobile and informed that accused persons were assaulting her for non-fulfillment of the dowry demand, it is next alleged that on 08.06.2021 also the victim informed the informant that she was being assaulted by the accused persons for non-fulfillment of the dowry demand as such he reached the place of occurrence at 2:00 PM and found that his sister was killed and the accused were burning her body to remove the evidence.

Learned counsel for the petitioners submits that from bare perusal of the allegation as alleged in the F.I.R. it would manifest that allegations against the petitioners are general and omnibus in nature, petitioner no.1 is sister-in-law of the deceased, petitioner no.2 is the cousin mother-in-law of the deceased and petitioner no.3 is mother-in-law of the deceased, it is next submitted that husband of the deceased is already in custody.

Learned A.P.P. for the State opposes the prayer for anticipatory bail of the petitioners.

Considering the submissions made by the learned

Patna High Court CR. MISC. No.58833 of 2021(2) dt.11-07-2022 3/3 counsel for the petitioners, the petitioners above-named, in the event of their arrest or surrender before the learned Court below within a period of six weeks from today, be released on anticipatory bail on furnishing bail bonds of Rs. 10,000/- (Rupees Ten Thousand) each with two sureties of the like amount each to the satisfaction of the learned court below where the case is pending/successor court in connection with Gopalpur P.S. Case No. 107 of 2021 subject to the conditions as laid down under Section 438 (2) of the Cr.P.C.

(Satyavrat Verma, J) Rishi/- U T