Mira Devi @ Mira Verma v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.64967 of 2021 Arising Out of PS. Case No.-172 Year-2021 Thana- KARAHGAR District- Rohtas ====================================================== 1.

MIRA DEVI @ MIRA VERMA W/o Surendra Paswan, Resident of village - Barhari, P.s.- Kargahar, Distt.- Rohtas.

2.

Surendra Paswan Son of Jagmohan Paswan, Resident of village - Barhari, P.s.- Kargahar, Distt.- Rohtas.

3.

Dheeraj Kumar Son of Surendra Paswan, Resident of village - Barhari, P.s.- Kargahar, Distt.- Rohtas.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Ambuj Kumar Chandra Dr. Juhi Choudhary For the Opposite Party/s :

Mr.Satyendra Prasad Mr. Mithilesh Kumar Singh ====================================================== CORAM: HONOURABLE MR. JUSTICE NAWNEET KUMAR PANDEY ORAL ORDER 21-07-2022 The learned counsel for the petitioners is directed to remove all the defects pointed out by the office within one month.

By way of filing supplementary affidavit, the learned counsel for the petitioners has submitted that at page 7, in the prayer portion of this bail petition, the name of police station has been typed mistakenly as Suryapura P.S. Case No. 96/2020 registered under section 304B, 201/34 of I.P.C. in place of Kargahar P.S. Case No. 172/2021 dated 13.07.2021 lodged u/s 365/34 I.P.C.. Similarly in place of anticipatory bail, it has been

Patna High Court CR. MISC. No.64967 of 2021(2) dt.21-07-2022 2/3 typed as regular bail.

Let it be corrected.

Heard the learned counsel for the petitioners as well as the learned counsel for the informant.

The petitioners apprehend their arrest in connection with Kargahar P.S. Case No.172/2021 registered for offence punishable under section 365/34 of the Indian Penal Code. As per allegation in the FIR, the informant's daughter was married to co-accused Neeraj Kumar in the year 2014. On 06.07.2021, the informant wanted to call his daughter, but her mobile was switched off. The accused persons, including the petitioners, used to torture the daughter of the informant. It is further alleged that the daughter of the informant is traceless since 06.07.2021 and the accused persons, including the petitioners, after committing her murder disappeared her dead body.

The learned counsel for the petitioners has submitted that the petitioners are father-in-law, mother-in-law and debar of the informant's daughter, having no concern with day to day affairs of the couple.

On the other hand, the learned counsel for the informant has submitted that there is complicity of the petitioners in the

Patna High Court CR. MISC. No.64967 of 2021(2) dt.21-07-2022 3/3 alleged occurrence. The investigation has been concluded and charge sheet under section 302 I.P.C. has been submitted by the investigating authority, to which the learned counsel for the petitioners submits that charge sheet has been submitted under section 304 (B) I.P.C.

There is allegation that the accused persons, including the petitioners, subjected the deceased to cruelty and her death has been occurred in the circumstances other than natural. Her dead body was disappeared and during the investigation the complicity of the petitioners has also been found. As such, they do not deserve the privileges for anticipatory bail. Their prayer for anticipatory bail is hereby rejected.

Office shall ensure that all defects are removed by the petitioners within the stipulated time mentioned hereinabove, failing which, the matter shall be brought to the notice of this Court.

(Nawneet Kumar Pandey, J) Mahesh/- U T