Umarawati Devi v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.63408 of 2021 Arising Out of PS. Case No.-204 Year-2021 Thana- BHELDI District- Saran ====================================================== 1.

UMARAWATI DEVI Sl/o Krishna Sah Resident of Village- Samaspura, P.S.- Bheldi, District- Saran (Chapra) 2.

Krishna Sah Son of Late Ramchandra Sah Resident of Village- Samaspura, P.S.- Bheldi, District- Saran (Chapra) 3.

Kundan Sah Son of Krishna Sah Resident of Village- Samaspura, P.S.- Bheldi, District- Saran (Chapra) 4.

Dilip Sah Son of Krishna Sah Resident of Village- Samaspura, P.S.- Bheldi, District- Saran (Chapra) 5.

Umesh Lal Sah Son of Mishri Lal Sah Resident of Village- Samaspura, P.S.- Bheldi, District- Saran (Chapra) ... ... Petitioners

Versus

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

For the Petitioner/s :

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

Mr.Jai Narain Thakur, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE CHAKRADHARI SHARAN SINGH ORAL ORDER 07-04-2022 Heard learned counsel for the petitioners and learned Additional Public Prosecutor appearing on behalf of the State. This application for grant of regular bail arises out of Bheldi P.S. Case No. 204 of 2021, registered for the offence punishable under Sections 304(B), 201, 120(B)/34 of the Indian Penal Code.

The petitioner No. 1 is the mother-in-law, the petitioner No.2 is the father-in-law of the deceased. Petitioners No. 3 and 4 are the brothers of the husband of the deceased, whereas petitioner No. 5 is a co-villager.

Patna High Court CR. MISC. No.63408 of 2021(2) dt.07-04-2022 2/3 The brother of the deceased is the informant, who has alleged in the First Information Report that on 22.06.2021, the husband of the alleged deceased came to the informant's house to disclose that the informant's sister (allegedly the victim) had fled away. Based on suspicion, the informant has alleged that he made certain enquiries, whereupon he learnt that his sister has been killed by her in-laws. The petitioners were apprehended on 22.06.2021 itself from their residences immediately after registration of the First Information Report. Learned counsel appearing on behalf of the petitioners has submitted that absence of the informant's sister cannot be treated to be her death inasmuch as no material has so far been collected during the course of investigation to establish the death of the informant's sister. He has further submitted that presence of the petitioners in their house on the date of registration of the First Information Report shows their bonafide and innocent mind.

Be that as it may, considering the general and omnibus nature of allegation against these petitioners of demand of dowry and the fact that there is no concrete material to show that the informant's sister has, in fact, died, a case for grant of regular bail is made out. This application is accordingly

Patna High Court CR. MISC. No.63408 of 2021(2) dt.07-04-2022 3/3 allowed.

Let the petitioner, above named, be released on bail on furnishing bail bond of Rs. 10,000/- (Ten Thousand) each with two sureties of the like amount each to the satisfaction of the learned J.M.-Ist Class, Chapra, District-Saran, in Bheldi P.S. Case No. 204 of 2021.

(Chakradhari Sharan Singh, J) Pawan/- U T