Shuri Devi v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.60354 of 2022 Arising Out of PS. Case No.-109 Year-2022 Thana- MOHIUDDIN NAGAR DistrictSamastipur ====================================================== 1.

Shuri Devi, W/O Ramdeo Paswan, Resident of Village- Baluahi, P.S.- Mohiuddin Nagar, District- Samastipur (Bihar) 2.

Ramdeo Paswan, S/O Lakhan Paswan, Resident of Village- Baluahi, P.S.- Mohiuddin Nagar, District- Samastipur (Bihar) 3.

Rohit Paswan, S/O Ramdeo Paswan, Resident of Village- Baluahi, P.S.- Mohiuddin Nagar, District- Samastipur (Bihar) ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Deepak Kumar Singh, Advocate For the Opposite Party/s :

Mr.Md. Aslam Ansari, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE CHANDRA PRAKASH SINGH ORAL ORDER 06-02-2023 Learned counsel for the petitioners is permitted to remove the defect(s), as pointed out by the office, if any, within a period of three weeks from today.

Heard learned counsel for the petitioners and learned Additional Public Prosecutor for the State. The petitioners are apprehending their arrest in a case registered for the offences punishable under Sections 304B of the Indian Penal Code and Section 3/4 of the D.P. Act.

As per the prosecution case, the petitioners and the

Patna High Court CR. MISC. No.60354 of 2022(3) dt.06-02-2023 2/3 co-accused persons in connivance with one another committed murder of the daughter of the informant by hanging due to non-fulfillment of demand of dowry. Learned counsel for the petitioners has submitted that the petitioners are innocent and have been falsely implicated in this case. As per F.I.R. there is no allegation against the petitioners for demanding of dowry and torturing the deceased. The specific allegation has been made against the co-accused person namely Nitish Paswan. He has further submitted that the petitioner no. 1 is the mother-in-law, the petitioner no. 2 is the father-in-law and the petitioner no. 3 is the brother-in-law and all the family members were living separately from the deceased. The petitioners have got clean antecedent as stated in para 3 of the bail petition. Learned A.P.P. for the State has opposed the prayer for anticipatory bail of the petitioners.

Considering the aforesaid facts and circumstances of the case as well as the allegation being general and omnibus, let the above named petitioners, in the event of their arrest/ surrender within a period of six weeks from today, be enlarged on anticipatory bail on furnishing bail bonds of Rs. 20,000/-(Twenty Thousand)each with two sureties of the

Patna High Court CR. MISC. No.60354 of 2022(3) dt.06-02-2023 3/3 like amount each to the satisfaction of Court concerned, Samastipur in connection with Mohiuddin Nagar P.S. Case No. 109 of 2022, subject to the condition as laid down under Section 438(2) of the Code of Criminal Procedure. The application stands allowed.

(Chandra Prakash Singh, J) Gautam/- U T