Babita Devi v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.59016 of 2024 Arising Out of PS. Case No.-17 Year-2023 Thana- BHAGWANPUR District- Vaishali ====================================================== 1.

Babita Devi wife of Tuntun Paswan village- Prataptand, PS- Bhagwanpur, Dist- Vaishali 2.

Sima Devi wife of Raju Paswan village- Prataptand, PS- Bhagwanpur, DistVaishali ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Ms. Bela Singh, Advocate For the Opposite Party/s :

Mr. Arun Kumar Singh, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL DUTTA MISHRA ORAL ORDER 09-08-2024 Heard learned counsel for the petitioners and learned A.P.P. for the State.

2. Petitioners apprehend their arrest in connection with Bhagwanpur P.S. Case No.17 of 2023 instituted under Sections 304B, 201, 120B and 34 of the Indian Penal Code.

3. It is alleged that the daughter of the informant was killed by the accused persons due to non-fulfillment of demand of dowry and the dead body of the deceased was disposed of.

4. Learned counsel for the petitioners submits that the petitioners are innocent and have falsely been implicated in this case. Petitioners are gotanies (sisters-in-law) of the deceased and have been living separately since long having no concern

Patna High Court CR. MISC. No.59016 of 2024(2) dt.09-08-2024 2/2 with the family affairs of the deceased and her husband. It is further submitted that similarly situated co-accused persons have been granted anticipatory bail by this Court as well as by a coordinate Bench of this Court vide orders dated 19.08.2023 and 02.08.2023 passed in Cr.Misc.No.49502 of 2023 and Cr.Misc.No.40259 of 2023 respectively. The petitioners have no criminal antecedent.

5. Learned A.P.P. for the State opposes the prayer for anticipatory bail.

6. Considering the facts and circumstances of the case and submissions of learned counsel for the parties, in the event of arrest or surrender before the Court below within six weeks from today, the petitioners be released on bail on furnishing bail bonds of Rs.10,000/- (ten thousand) each with two sureties of the like amount each to the satisfaction of learned Additional Chief Judicial Magistrate I, Vaishali at Hajipur in connection with Bhagwanpur P.S. Case No.17 of 2023, subject to the conditions as laid down in Section 438(2) of the Code of Criminal Procedure, 1973.

(Sunil Dutta Mishra, J) Harish/- U T