Pushpa Devi And ANR v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.20472 of 2018 Arising Out of PS. Case No.-135 Year-2017 Thana- DHURAIYA District- Banka ======================================================

1. Pushpa Devi, W/o Sunil Kumar Das,

2. Khushbu Devi W/o Anil Das, Both are R/o Village- Pothiya, P.S.- Dhoraiya, District- Banka ... Petitioners

Versus

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

For the Petitioners :

Mr. Brij Nandad Prasad, Adv.

For the Opposite Parties :

Mr. Shyam Bihari Singh, APP 173 ====================================================== CORAM: HONOURABLE MR. JUSTICE DINESH KUMAR SINGH ORAL ORDER 20-04-2018 Heard learned counsel for the petitioners and learned Additional Public Prosecutor for the State.

The petitioners being the sisters-in-law (gotnis) of the victim are apprehending their arrest in connection with Dhoraiya P.S. Case No. 135 of 2017 for offences punishable under Sections 304B/34 of the Indian Penal Code. The prosecution case, as per the written report of Basuki Das, submitted to the Station House Officer, Dhoraiya, Banka, on 13.07.2017 at 07.00 A.M. to the effect that the informant performed marriage of his daughter, Rabri Devi, with Santosh Das in the year 2014. After the marriage, the accused persons used to torture the daughter of the informant. Subsequently, the daughter of the informant was blessed with a baby girl. On 12.07.2017, the mother-in-law of the victim informed the informant through phone that his daughter is not well whereupon the informant reached to the in-laws house of her daughter on 13.07.2017 and found her dead body on a cot.

Patna High Court Cr.Misc. No.20472 of 2018(2) dt.20-04-2018 2/2 It is submitted by the learned counsel for the petitioners that the thrust of accusation is against the husband of the victim, who is in custody since 19.08.2017. A statement to that effect has been made in paragraph 8 of the petition. It is submitted by the learned Additional Public Prosecutor that the post mortem report suggests that the death is caused due to strangulation.

Considering the fact that the informant is not the eye witness and the thrust of accusation is against the husband of the victim, the prayer of the petitioners for grant of anticipatory bail is allowed, in the event of surrender/arrest of the petitioners, named above, before the Court below, within four weeks from today in connection with Dhoraiya P.S. Case No. 135 of 2017. They shall be released on anticipatory bail on furnishing bail bonds of Rs.10,000/- (ten thousand) each with two sureties of the like amount each to the satisfaction of the Additional Chief Judicial Magistrate, IV, Banka, subject to the conditions as laid down under Section 438(2) of the Code of Criminal Procedure.

(Dinesh Kumar Singh, J) Shamshad/- U T