Prem Sundari Devi @ Prem Sundar Devi v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.65470 of 2023 Arising Out of PS. Case No.-1 Year-2023 Thana- HULASGANJ District- Jehanabad ====================================================== 1.

Prem Sundari Devi @ Prem Sundar Devi, Gender-Female, aged about 70 years, Wife Of Javinder Yadav @ Javinder Prasad, R/O Village- Nandan Bigha, P.S. Hulasganj, District Jehanabad.

2.

Manju Devi, Gender-Female, aged about 50 years, Wife Of Rajesh Rai, R/O Village- Ahiyasa, P.S.- Ghosi, in the Dist of Jehanabad. ... ... Petitioner

Versus

THE STATE OF BIHAR ... ... Opposite Party ====================================================== Appearance :

For the Petitioner :

Mr. Sunil Kumar, Advocate For the Opposite Party :

Mr. Uday Chand Prasad, A.P.P.

====================================================== CORAM: HONOURABLE MR. JUSTICE CHANDRA PRAKASH SINGH ORAL ORDER 10-11-2023 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.

2. Heard learned counsel for the petitioners and learned Additional Public Prosecutor for the State.

3. The petitioners are apprehending their arrest in connection with Hulasganj P.S. Case No. 01 of 2023 dated 02.01.2023 registered for the offence punishable under Sections 304B/34 of the I.P.C.

4. As per the prosecution case, the petitioners and other co-accused persons are alleged to have committed murder the daughter of the informant due to non-fulfilment of demand

Patna High Court CR. MISC. No.65470 of 2023(2) dt.10-11-2023 2/3 of Rs. 2,00,000 and Motorcycle as dowry.

5. Learned counsel for the petitioners has submitted that the petitioners are innocent and have been falsely implicated in this case. The petitioners neither demanded any dowry nor tortured the daughter of the informant. It is further submitted that the petitioner no. 1 is the mother-in-law and the petitioner no. 2 is the married sister-in-law (Nanad) of the deceased. They have no concern with the alleged offence. The husband of the deceased is in custody. It is submitted that the deceased was suffering from several ailments and she was being treated by several doctors in Patna but she could not survive. It is further submitted that after death of the deceased, the informant was informed by the husband of the deceased and he also came but due to oblique reason in order to extort the money he has filed the present case. The petitioners have clean antecedent as stated in paragraph no. 3 of the bail application.

6. Learned A.P.P. for the State has opposed the prayer for anticipatory bail of the petitioners.

7. Considering the aforesaid facts and circumstances of the case, 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 bond of Rs.

Patna High Court CR. MISC. No.65470 of 2023(2) dt.10-11-2023 3/3 20,000/- (Twenty Thousand) each with two sureties of the like amount each to the satisfaction of learned Court concerned, Jehanabad in connection with Hulasganj P.S. Case No. 01 of 2023, subject to the condition as laid down under Section 438(2) of the Code of Criminal Procedure.

8. The application stands allowed.

(Chandra Prakash Singh, J) U.K./- U T