Pramila Devi v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.66439 of 2023 Arising Out of PS. Case No.-23 Year-2023 Thana- BHADAUR District- Patna ====================================================== 1.
Pramila Devi Wife Of Late Ram Pravesh Songh Resident Of Village - Singhiya, Ward No.8, P.S. - Singhia, District - Samastipur 2.
Manisha Kumari Wife Of Mithu Kumar Singh Resident Of Village - Singhiya, Ward No.8, P.S. - Singhia, District - Samastipur 3.
Mithu Singh @ Mithu Kumar @ Mithu Kumar Singh Son Of Late Ram Pravesh Singh Resident Of Village - Singhiya, Ward No.8, P.S. - Singhia, District - Samastipur ... ... Petitioner/s
Versus
THE STATE OF BIHAR ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mrs. Pooja Kumari, Advocate For the Opposite Party/s :
Mr. Nirmal Kumar Sinha, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL DUTTA MISHRA ORAL ORDER 08-12-2023 Heard learned counsel for the petitioners and learned Additional Public Prosecutor for the State.
2. The petitioners are apprehending their arrest in connection with Bhadaur P.S. Case No. 23 of 2023 registered for the offences punishable under Sections 304 (B), 498 (A), 34 of the Indian Penal Code and Section 3/4 of the Dowry Prohibition Act.
3. Allegation against the petitioners is that they alongwith other co-accused have burnt the daughter of the informant (deceased) due to non-fulfillment of demand of dowry.
4. Learned counsel for the petitioners submits that
Patna High Court CR. MISC. No.66439 of 2023(4) dt.08-12-2023 2/3 father of the victim had filed U.D. Case on 26.12.2022 to the effect that when the victim was warming herself before the fire, the deceased cloth caught fire and she burnt, immediately, she was taken to the hospital from there she was referred to P.M.C.H. for better treatment and she died at P.M.C.H. on 26.12.2022. The family members of the deceased was with deceased during her treatment and the complainant/ informant filed the complaint case after two months of the occurrence before the Court concerned which has been referred under Section 156 (3) for loding the FIR. He further submits that the allegation against them are general and omnibus in nature. There was no complaint for dowry torture made earlier against the petitioners. Petitioners have no criminal antecedent.
5. Learned counsel for the informant conceives that the father of the victim filed U.D. Case.
6. Learned APP opposes the prayer for anticipatory bail of the petitioners.
7. Considering the facts and circumstances of the case and submissions of learned counsel for the parties, let the petitioners, above named, in the event of their arrest or surrender before the Court below within a period of thirty days from the date of receipt of the order, be released on bail on
Patna High Court CR. MISC. No.66439 of 2023(4) dt.08-12-2023 3/3 furnishing bail bonds of Rs. 10,000/- (rupees ten thousand) each with two sureties of the like amount each to the satisfaction of the concerned Court where the case is pending in connection with Bhadaur P.S. Case No. 23 of 2023, subject to the conditions as laid down under Section 438 (2) of the Code of Criminal Procedure.
(Sunil Dutta Mishra, J) khushbu/- U T