Maha Devi v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.67593 of 2022 Arising Out of PS. Case No.-120 Year-2021 Thana- SAKRI District- Madhubani ====================================================== 1.

Maha Devi Wife Of Ravindra Paswan R/O Village- Sahbani Pokhar, P.S.- Sakari, District- Madhubani 2.

Kanchan Devi Wife Of Kundan Paswan R/O Village- Sahbani Pokhar, P.S.- Sakari, District- Madhubani 3.

Neha Devi @NEHA Wife Of Santosh Singh R/O Village- Sahbani Pokhar, P.S.- Sakari, District- Madhubani 4.

Kalpana Devi Wife Of Raja Paswan R/O Village- Sahbani Pokhar, P.S.- Sakari, District- Madhubani ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Ratanakar Jha, Advocate For the Opposite Party/s :

Ms. Sangeeta Sharma, A.P.P.

====================================================== CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA ORAL ORDER 09-12-2022 Heard learned counsel for the petitioners and learned A.P.P. for the State through virtual Court proceedings. The petitioners apprehend their arrest in a case registered for the offences punishable under Sections 304(B), 302 and 34 of the Indian Penal Code read with Section 37(c) of the Bihar Excise Act.

The informant alleges that his daughter was married to Jitendra Paswan about six years back and after marriage, the accused persons, including the petitioners, were demanding dowry and for non-fulfillment of the same, his daughter was

Patna High Court CR. MISC. No.67593 of 2022(2) dt.09-12-2022 2/3 assaulted and tortured, further on 28.06.2021, he came to know that all the accused persons, including the petitioners, have killed his daughter and when he reached the place of occurrence, he saw that the accused persons were planning to cremate the body.

Learned counsel for the petitioners submits that petitioners are persons with clean antecedent and have been falsely implicated in the present case, it is next submitted that from bare perusal of the allegations as alleged in the FIR, it would manifest that the allegations are general and omnibus in nature i.e., the allegation of demand and torture is also not specific, further, the FIR also does not disclose as to what was being demanded by way of dowry by the accused persons. Learned counsel further submits that husband of the deceased is in custody, petitioner no.1 is mother-in-law and petitioner nos. 2, 3 and 4 are sisters-in-law of the deceased (nanad and gotni). Learned A.P.P. for the State opposes the prayer for anticipatory bail of the petitioners.

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 trial court within a period of six weeks from today, be released on

Patna High Court CR. MISC. No.67593 of 2022(2) dt.09-12-2022 3/3 anticipatory bail on furnishing bail bonds of Rs. 10,000/- (Rupees Ten Thousand) each with two sureties of the like amount each to the satisfaction of the learned trial court where the case is pending/successor court in connection with Sakari P.S. Case No. 120 of 2021 subject to the conditions as laid down under Section 438 (2) of the Cr.P.C.

(Satyavrat Verma, J) Rishi/Shubham/- U T