Sindhu Devi v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.70308 of 2023 Arising Out of PS. Case No.-659 Year-2023 Thana- KHAGARIA District- Khagaria ====================================================== 1.
SINDHU DEVI WIFE OF RAJESH SHARMA RESIDENT OF VILLAGE - BHADAS, P.S. - MUFFASIL, DISTRICT - KHAGARIA 2.
RAJESH SHARMA SON OF BIRAN SHARMA RESIDENT OF VILLAGE - BHADAS, P.S. - MUFFASIL, DISTRICT - KHAGARIA ... ... Petitioner/s
Versus
THE STATE OF BIHAR ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr. S.D. Sanjay, Sr. Adv., Mrs. Priya Gupta, Adv., Mr. Rahul Kumar, Adv.
For the State :
Mr. Ajit Kumar For the Informant :
Mr. Dilip Kumar Singh, Adv., Ms. Alka Verma, Adv.
====================================================== CORAM: HONOURABLE MR. JUSTICE KHATIM REZA ORAL ORDER 01-11-2023 Heard learned counsel for the petitioners, learned counsel for the State as well as learned counsel for the informant.
2. The petitioners apprehend their arrest in connection with Khagaria (Gangaur) P.S. Case No. 659 of 2023, dated 01.07.2023, G.R. No. 2157 of 2023, registered for the offence punishable under Sections 304 (b) of the Indian Penal Code.
3. The case of prosecution, in short, is that marriage of the informant's sister Bibha Kumari was solemnized with Chandan Kumar Sharma. After marriage the sister of the informant was continuously harassed by her in-laws on account
Patna High Court CR. MISC. No.70308 of 2023(2) dt.01-11-2023 2/3 of demand of Rs. 5,00,000/- and 50 gram gold as dowry. On 30.06.2023 the informant received information on phone that his sister has been killed by her in- laws by strangulating her throat.
4. Learned counsel for the petitioners submits that the petitioners are innocent and have been falsely implicated in this case. Petitioner no. 1 is the married sister-in-law (Nanad) of the deceased and petitioner no.2 is the husband of petitioner no.1. Marriage of petitioner no.1 was solemnized with petitioner no. 2 on 08.01.2004 and since then she is living separately from her parents in her matrimonial house along with her husband in a different village. From perusal of the F.I.R., it is apparent that the allegation against the petitioners are general and omnibus in nature. There is no specific allegation against them. The husband, mother-in-law and father-in-law of the deceased are already in judicial custody. Petitioners have no criminal antecedent.
5. Learned counsel for the informant and learned A.P.P. for the State have vehemently opposed the prayer for bail to the petitioners.
6. Having considered the facts and circumstances of the case and the submissions of learned counsel for the parties, let the above named petitioners, be released on bail, in the event
Patna High Court CR. MISC. No.70308 of 2023(2) dt.01-11-2023 3/3 of their arrest or surrender before the learned Court below within a period of six weeks from today, on furnishing bail bond of Rs.10,000/- (Ten thousand) each with two sureties of the like amount each to the satisfaction of learned C.J.M., Khagaria in connection with Khagaria (Gangaur) P.S. Case No. 659 of 2023, subject to the condition as laid down under Section 438(2) of the Cr.P.C.
(Khatim Reza, J) pravinkumar/- U T