Kusum Devi v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.61421 of 2023 Arising Out of PS. Case No.-164 Year-2021 Thana- SISWAN District- Siwan ====================================================== 1.
KUSUM DEVI WIFE OF LATE SIYARAM SAH @ SRIRAM SAH RESIDENT OF VILLAGE- GANGPUR, SISWAN, PS- SISWAN, DISTTSIWAN 2.
BHARAT SAH SON OF LATE SIYARAM SAH @ SRIRAM SAH RESIDENT OF VILLAGE- GANGPUR, SISWAN, PS- SISWAN, DISTTSIWAN ... ... Petitioner/s
Versus
THE STATE OF BIHAR ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr.Raju Prasad For the Opposite Party/s :
Mr.Pradeep Narain Kumar ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH ORAL ORDER 09-07-2024 Heard learned counsel for the petitioners and learned A.P.P. for the State.
2. The petitioners apprehend their arrest in a case registered for the offence under Sections 366/34 of the Indian Penal Code.
3. As per the prosecution case, the daughter of the informant was married with co-accused Laxman Sah on 19.05.2016 and after the marriage, the husband alongwith his family members used to torture her. It is further alleged that on 26.06.2021, the victim was found missing from her matrimonial house. The informant tried to search her, but the victim could
Patna High Court CR. MISC. No.61421 of 2023(7) dt.09-07-2024 2/3 not be traced out.
4. Learned counsel for the petitioners submits that petitioner no. 1 is mother-in-law and petitioner no. 2 is brotherin-law of the victim. As a matter of fact, the victim was mentally weak and she always used to go at her Naihar to meet her mother and on the date of occurrence also in the same manner, she went to her Naihar, but did not return and since then, she is missing. These petitioners are separate in mess and property and have got no concern with the affairs of the couple. Learned counsel further submits that husband of the victim has already been granted bail by the learned Court below. Petitioners claim clean antecedent.
5. Learned A.P.P. for the State has opposed the bail petition.
6. Considering the aforesaid facts and circumstances, let the above named petitioners, in the event of their arrest/surrender within a period of six weeks from today, be enlarged 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 Judicial Magistrate 1st Class, Siwan / concerned court in connection with Siswan P.S. Case No. 164 of 2021, subject to condition as laid down under Section 438(2)
Patna High Court CR. MISC. No.61421 of 2023(7) dt.09-07-2024 3/3 of the Code of Criminal Procedure.
(Prabhat Kumar Singh, J) anay U T