Sarita Kumari @ Sunita Kumari v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.56060 of 2024 Arising Out of PS. Case No.-273 Year-2020 Thana- HUSSAINGANJ District- Siwan ====================================================== 1.

SARITA KUMARI @ SUNITA KUMARI DAUGHTER OF BABURAM YADAV RESIDENT OF VILLAGE - BADKA TARILA, P.S. - M.H.NAGAR, DISTRICT - SIWAN 2.

RUBI KUMARI @ RUBY KUMARI @ GITA KUMARI DAUGHTER OF BABURAM YADAV RESIDENT OF VILLAGE - BADKA TARILA, P.S. - M.H.NAGAR, DISTRICT - SIWAN ... ... Petitioner/s

Versus

1.

THE STATE OF BIHAR BIHAR 2.

PRITI KUMARI DAUGHTER OF AWDHESH YADAV RESIDENT OF VILLAGE - SHERPUR, P.S. - M.H.NAGAR, DISTRICT - SIWAN ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Gajendra Kumar Singh For the Opposite Party/s :

Mr.Parmanand Kumar ====================================================== CORAM: HONOURABLE MR. JUSTICE NAWNEET KUMAR PANDEY ORAL ORDER 02-08-2024 Heard learned counsel for the petitioners as well as the learned APP for the State.

2. The petitioners apprehend their arrest in connection with A.B.P. No. 2552 of 2023 arising out of Hussainganj (M.H. Nagar) P.S. Case No. 273 of 2020, registered for the offences punishable under Sections 498A, 304(B), 201/34 of the Indian Penal Code and 3⁄4 of the D.P. Act.

3. The informant Priti Kumar is younger sister of the deceased Khushbu Kumari. She lodged an FIR stating therein that the marriage of her elder sister Khushbu Kumari was

Patna High Court CR. MISC. No.56060 of 2024(2) dt.02-08-2024 2/3 solemnized with co-accused Nagendra Yadav. The accused persons committed murder of sister of the informant for nonfulfillment of dowry demand.

4. The learned counsel for the petitioner has submitted that the petitioners are the persons of clean antecedent and have falsely been implicated in this case. Though the anticipatory bail petition of the petitioners was rejected vide order dated 20.01.2022 in Cr. Misc. No. 18021 of 2021 but the fresh ground for renewal of his bail application is that the husband of the deceased was put on trial in Session Trial No. 390 of 2021 and Additional and District Judge-VIIth, Siwan, vide judgment and order dated 14.09.2023, acquitted him as the prosecution failed to prove the case. He has submitted further that the case of the petitioners is on better footing than that of husband of the deceased because the petitioners are unmarried sister of the husband of the deceased.

5. Considering the above-mentioned facts and circumstances as well as the fact that the main accused has been acquitted in Session Trial No. 390 of 2021, let the petitioners, in the event of their arrest or surrender within four weeks before the learned court below, be released on bail on furnishing bail bond of Rs. 10,000/- (Ten Thousand) each with two sureties of

Patna High Court CR. MISC. No.56060 of 2024(2) dt.02-08-2024 3/3 the like amount each to the satisfaction of learned S.D.J.M., Siwan in connection with A.B.P. No. 2552 of 2023 arising out of Hussainganj (M.H. Nagar) P.S. Case No. 273 of 2020, subject to the conditions as laid down under Section 438(2) Cr.P.C. (Nawneet Kumar Pandey, J) kundan/- U T