Sunita Devi v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.69564 of 2024 Arising Out of PS. Case No.-231 Year-2024 Thana- CHIRAIYA District- East Champaran ====================================================== 1.

Sunita Devi Wife of Shiv Shankar Ram @ Ravi Shankar Ram 2.

Shiv Shankar Ram @ Ravi Shankar Ram Son of Rajendar Ram Both R/o Village- Basawariya, P.S.- Chiraiya, District- East Champaran, Motihari ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Rajesh Kumar, Advocate For the Opposite Party/s :

Mr. Ram Naresh Ray, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA ORAL ORDER 29-01-2025 Heard learned counsel for the petitioners as well as learned APP for the State.

2. The petitioners seek bail in anticipation of their arrest in a case registered for the offences punishable under Sections 304(B)/34 of the IPC in connection with Chiraiya P.S. Case No.231 of 2024.

3. The learned counsel for the petitioners submit that petitioners are person with clean antecedent. It is next submitted that informant alleges that his sister was married to Sanjay Ram about four years ago. It is further alleged that after marriage the petitioner no.1 had taken rupees thirty thousand from his sister and when his sister pressurize the petitioner no.1 to return the money it is alleged that all the accused persons started

Patna High Court CR. MISC. No.69564 of 2024(3) dt.29-01-2025 2/3 demanding dowry of rupees fifty thousand. It is next alleged that on 31.05.2024 the informant received an information that his sister has met with an accident on getting the said information he along with his mother reached the matrimonial house of the sister and saw that his sister was lying dead and the family members were not present.

4. The learned counsel appearing on behalf of the petitioners submit that petitioner no.1 is married sister of the husband of the deceased and petitioner no.2 is husband of the petitioner no.1. It is next submitted that the petitioners live separately and they don't have any concerned with the daily lives of the husband of the deceased. It is also submitted that whenever any dispute arises in between the husband and the wife the entire family members are implicated in a mechanical manner with general and omnibus allegation. It is also submitted that it does not appear probable that the petitioner no.1 would have taken a loan of rupees thirty thousand from the deceased and for not returning the same such an occurrence would have been committed. The learned counsel for the petitioners at this stage fairly submits that the cause of death of the deceased has been opined to be throttling, but then petitioners being sister and brother-in-law of the husband of the deceased came to be

Patna High Court CR. MISC. No.69564 of 2024(3) dt.29-01-2025 3/3 implicated.

5. The learned APP opposes the anticipatory bail application.

6. Considering the submissions made by the learned counsel for the petitioners, the petitioners above-named, in the event of their arrest or surrender before the learned Court below within a period of six weeks, are directed to be released on anticipatory bail on their furnishing bail-bonds in the sum of Rs.10,000/- (Rupees Ten Thousand) with two sureties of the like amount each to the satisfaction of the learned Chief Judicial Magistrate, East Champaran, Motihari in connection with Chiraiya P.S. Case No.231 of 2024, subject to the conditions laid down under Section 438(2) of the Cr.P.C.

7. The application stands allowed.

(Satyavrat Verma, J) Prakash Narayan U T