Shila Devi v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.54315 of 2019 Arising Out of PS. Case No.-113 Year-2019 Thana- GORAUL District- Vaishali ====================================================== 1.

SHILA DEVI Wife of Late Satya Narayan Rai Resident of Village-Mathna Mal P.S.-Garaul (Kathara O.P.) District-Vaishali. 2.

Ranjit Kumar @ Ranjit Rai Son of Late Satya Narayan Rai Resident of Village-Mathna Mal P.S.-Garaul (Kathara O.P.) District-Vaishali. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Sabal Kumar Jha For the Opposite Party/s :

Mr.Jagdhar Prasad ====================================================== CORAM: HONOURABLE MR. JUSTICE DINESH KUMAR SINGH ORAL ORDER 04-03-2020 Heard learned counsels for the petitioners and the State.

The petitioners, being the mother and younger brother of the husband of the victim are apprehending their arrest in a case registered for the offences punishable under Sections 304B and 201/34 of the IPC.

The prosecution case, as per the written report of Raj Kumar Ray submitted to the Station House Officer, Garaul (Kathara O.P.) Police Station, is to the effect that the informant's daughter, Mala Kumari was married with co-accused Rahul Ray about four years prior to the lodging of the FIR. Subsequently, they were blessed with a male child. On 02.04.2019, on the

Patna High Court CR. MISC. No.54315 of 2019(5) dt.04-03-2020 2/3 pretext of death of father of the informant, the victim came to her parents' house. On 14.04.2019, the victim went to her inlaws house with petitioner no.2, when on the next day, i.e., on 15.04.2019, the victim informed the informant that the in-laws family members are demanding further dowry of a motorcycle. Ultimately, on 16.04.2019, the informant received an information that due to non-fulfillment of the further dowry demand, his daughter has been killed by all the accused persons including the petitioners.

It is submitted by learned counsel for the petitioners that thrust of accusation is against the husband of the victim. The accusation against the petitioners is omnibus and general and the petitioners live separately from the husband of the victim. A statement has been made in paragraph no.3 of the petition that the petitioners are not having any criminal antecedent. Learned APP, after going through the case diary, submits that the petitioners are named in the FIR with specific accusation.

Considering the thrust of accusation being against the husband of the victim, coupled with the fact that the petitioners are not having any criminal antecedent, let the above named petitioners be released on anticipatory bail in the event of

Patna High Court CR. MISC. No.54315 of 2019(5) dt.04-03-2020 3/3 arrest/surrender before the learned Court below within a period of twelve weeks from today, on furnishing bail bonds of Rs. 10,000/- (ten thousand) each with two sureties of like amount each to the satisfaction of learned ACJM-I, Vaishali at Hajipur in connection with Garaul (Kathara O.P.) P.S. Case No. 113 of 2019 subject to the condition as laid down under Section 438(2) of the Cr. P.C.

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