Ushiya Kumari v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.62721 of 2021 Arising Out of PS. Case No.-39 Year-2021 Thana- BALIA BELON District- Katihar ====================================================== 1.

USHIYA KUMARI D/o Kartik Sarma Resident of Village - Mehdipur, P.S.- Baliya Bailaun, Distt.- Katihar.

2.

Parbha Devi W/o Kartik Sarma Resident of Village - Mehdipur, P.S.- Baliya Bailaun, Distt.- Katihar.

3.

Kartik Sarma Son of Latewe Amrit Sarma Resident of Village - Mehdipur, P.S.- Baliya Bailaun, Distt.- Katihar.

4.

Shankar Sharma Son of Kartik Sarma Resident of Village - Mehdipur, P.S.- Baliya Bailaun, Distt.- Katihar.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Kumari Sujata Sinha For the Opposite Party/s :

Mrs.Sucheta Yadav,APP ====================================================== CORAM: HONOURABLE MR. JUSTICE SUDHIR SINGH ORAL ORDER 26-11-2021 Heard learned counsel for the petitioners and learned APP for the State through virtual mode.

Learned counsel for the petitioners is directed to remove the defects, as pointed out by the Office, within a period of eight weeks.

The petitioners are apprehending their arrest in a case registered under Sections 304B and 34 of the Indian Penal Code. Allegation against the accused persons is of committing torture and assault and thereafter caused death of the victim due to non-fulfilment of demand of dowry.

It has been submitted on behalf of the petitioners that the

Patna High Court CR. MISC. No.62721 of 2021(2) dt.26-11-2021 2/2 petitioners have got no criminal antecedent. There is no allegation of tampering of witnesses alleged against the petitioners. The petitioners have falsely been implicated in the present case. The petitioner no. 1 is sister-in-law, petitioner no. 2 is mother-in-law, petitioner no. 3 is father-in-law and petitioner no. 4 is brother-in-law, of the deceased. They are separate in mess and property from the husband of the deceased. They have got no concern with the alleged occurrence. The husband of the deceased is in custody. On behalf of the State, it is submitted that the petitioners are named in the F.I.R.

Considering the aforesaid facts and circumstances, let the petitioners, above named, in the event of arrest/surrender before the learned court below within a period of twelve weeks from today, be released on anticipatory bail on furnishing bail bonds of Rs.10,000/- (Ten thousand) with two sureties of the like amount each to the satisfaction of learned Chief Judicial Magistrate, Katihar in connection with Baliya Belon P.S. Case No. 39/2021, subject to the conditions as laid down under Section 438(2) of the Code of Criminal Procedure.

(Sudhir Singh, J) Pankaj/- U T