Sumitra Devi v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.64294 of 2023 Arising Out of PS. Case No.-229 Year-2023 Thana- BIDUPUR District- Vaishali ====================================================== 1.
Sumitra Devi Wife of Kapil Deo Chaudhary Resident of Village- Majhauli, P.S.- Bidupur, Distt- Vaishali 2.
Vikash Kumar Son of Kapil Deo Chaudhary Resident of Village- Majhauli, P.S.- Bidupur, Distt- Vaishali 3.
Rajat Kumar Son Of Kapil Deo Chaudhary Resident of Village- Majhauli, P.S.- Bidupur, Distt- Vaishali ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Sunil Kumar Pandey, Advocate For the Opposite Party/s :
Mr. Sanjay Kumar Sharma, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL DUTTA MISHRA ORAL ORDER 18-10-2023 Heard learned counsel for the petitioners and learned Additional Public Prosecutor for the State.
2. The petitioners apprehend their arrest in connection with Bidupur P.S. Case No. 229 of 2023 registered for the offences punishable under Sections 304(B)/34 of the Indian Penal Code.
3. As per prosecution case, allegation against the accused persons including the petitioners are that they demanded dowry and for non-fulfillment of the said demand murdered the daughter of the informant.
4. Learned counsel for the petitioners submits that
Patna High Court CR. MISC. No.64294 of 2023(2) dt.18-10-2023 2/3 Petitioner No. 1 is mother-in-law and Petitioner No. 2 and 3 are brother-in-laws (Bhaisur and Devar) of the victim-deceased, who are innocent. They have falsely been implicated in this case. They were living separately from the deceased and her husband. They have no concern with the affairs of the deceased and her husband. Informant's daughter herself has committed suicide because her marriage was solemnized forcibly by her parents. The informant along with the villagers had participated in the funeral of the deceased. Husband of the deceased, namely, Guddu Kumar is already in jail custody. Petitioner Nos. 1 and 2 have no criminal antecedent. Petitioner No. 3 has one criminal antecedent in which he is on bail.
5. Learned counsel for the informant and learned APP opposes the prayer for anticipatory bail of the petitioner.
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 upon furnishing bail bonds of Rs. 10,000/- (ten thousand) each with two sureties of the like amount to each to the satisfaction of the learned concerned Court where the case is pending in connection with Bidupur P.S. Case No. 229 of 2023, subject to the conditions
Patna High Court CR. MISC. No.64294 of 2023(2) dt.18-10-2023 3/3 laid down in Section 438(2) of the Code of Criminal Procedure, 1973.
(Sunil Dutta Mishra, J) rakhi/- U T