Saroja Devi v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.68094 of 2022 Arising Out of PS. Case No.-224 Year-2022 Thana- KUDRA District- Kaimur (Bhabua) ====================================================== 1.
SAROJA DEVI W/O GUDDU YADAV Resident of village- Amiaura, P.S.- Kudra, District- Kaimur (Bhabua).
2.
SURUCHI KUMARI W/O JITENDRA YADAV, D/O DADAN YADAV Resident of village- Amiaura, P.S.- Kudra, District- Kaimur (Bhabua). At present Residing at Village- Ruiya, P.S.- Bhabua,District- Kaimur (Bhabua). ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== with CRIMINAL MISCELLANEOUS No. 68868 of 2022 Arising Out of PS. Case No.-224 Year-2022 Thana- KUDRA District- Kaimur (Bhabua) ====================================================== GUDDU YADAV Son of Dadan Yadav R/V- Amiaura, P.S- Kudra, DistKaimur (Bhabhua) ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
(In CRIMINAL MISCELLANEOUS No. 68094 of 2022) For the Petitioner/s :
Mr.Ashok Kumar Garg, Adv.
For the Opposite Party/s :
Mr.Arun Kumar, APP (In CRIMINAL MISCELLANEOUS No. 68868 of 2022) For the Petitioner/s :
Mr.Ashok Kumar Garg, Adv.
For the Opposite Party/s :
Mrs.Indu Kumari Srivastava, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE ANJANI KUMAR SHARAN ORAL ORDER 19-01-2023 As both the case have cropped up from the same police station case number, hence, with the consent of the parties they are being heard and disposed of by this common order. Heard learned counsel for the petitioners and learned Additional Public Prosecutor for the State.
Patna High Court CR. MISC. No.68094 of 2022(2) dt.19-01-2023 2/3 As prayed for, learned counsel for the petitioners is permitted to make necessary correction in para-9 of Cr. Misc. No.68868 of 2022.
The petitioners apprehend their arrest in a case registered for the offence punishable u/s 363, 365, 498(A), 506/34 of the Indian Penal Code and further sections 302, 304(B) and 201 IPC were added.
Allegedly, the petitioners are said to have in connivance with other accused persons committed murder of the daughter of informant for non-fulfillment of demand of dowry. It is submitted by learned counsel for the petitioners that petitioners are quite innocent and have committed no offence. They have been falsely implicated in this case due to grudge. No such occurrence, in the manner as alleged, has ever taken place. The allegation leveled against the petitioners is not specific rather general and omnibus in nature. Petitioners Saroja Devi and Suruchi Kumari are the married sisters-in-law of the deceased while petitioner Guddu Yadav is the brother-in-law of the deceased and they used to live separately from the deceased and her husband. It is further submitted that husband of the deceased is already in judicial custody, which is mentioned in para-9 of Cr. Misc. No.68868/2022. Petitioners have no criminal
Patna High Court CR. MISC. No.68094 of 2022(2) dt.19-01-2023 3/3 antecedent.
Learned APP for the State opposed the prayer for bail. Having regard to the facts and circumstances of the case, since there is no specific overt act against the petitioners and husband of deceased is in judicial custody, let the above named petitioners, be released on bail, in the event of their arrest or surrender before the learned Court below within a period of six weeks from today, on furnishing bail bond of Rs. 25,000/- (Rupees Twenty Five Thousand) each with two sureties of the like amount each to the satisfaction of the learned court below where the case is pending/Successor Court in connection with Kudra P.S. Case No.224 of 2022, subject to the conditions as laid down under Section 438(2) of the Cr.P.C. (Anjani Kumar Sharan, J) pallavi/- U T