Vina Devi v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.66436 of 2019 Arising Out of PS. Case No.-114 Year-2019 Thana- BHAGWANPUR District- Vaishali ====================================================== 1.

Vina Devi W/o Sanjeev Das R/o Village- Bahlolpur, P.S.- Bhagwanpur, Distt.- Vaishali 2.

Khusboo Devi W/o Vinod Das R/o village- Bahlolpur, P.S.- Bhagwanpur, Distt.- Vaishali ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Kumar Devashish For the Opposite Party/s :

Mr. Kalyan Shankar ====================================================== CORAM: HONOURABLE MR. JUSTICE DINESH KUMAR SINGH ORAL ORDER 06-03-2020 Heard learned counsels for the petitioners and the State.

The petitioners, being the sister and sister-in-law(bhabhi) of the husband of the victim are apprehending their arrest in a case registered for the offences punishable under Sections 304B and 201/34 of the IPC.

The prosecution case, as per the written report of Sushila Devi submitted to the Station House Officer, Bhagwanpur Police Station, is to the effect that daughter of the informant was married with co-accused Dhananjay Das on 03.10.2017, but subsequent to the marriage, further dowry demand of Rs. 5 lacs was made and due to non-fulfillment of the same, the daughter

Patna High Court CR. MISC. No.66436 of 2019(3) dt.06-03-2020 2/3 of the informant was tortured by all the accused persons including the petitioners. It is further alleged that on 23.05.2019, some unknown person informed the informant that her daughter has been killed by her entire in-laws family. It is submitted by learned counsel for the petitioners that the thrust of accusation is against the husband of the victim. The petitioners live separately from the husband of the victim and accusation against the petitioners is omnibus and general. A statement has been made in paragraph no.3 of the petition that the petitioners are not having any criminal antecedent. Learned APP, after going through the case diary, submits that the petitioners are named in the FIR with specific accusation.

Considering the thrust of accusation being against the husband of the victim and the petitioners being ladies, coupled with the fact that the petitioners are not having any criminal antecedent, let the above named petitioners be released on anticipatory bail in the event of arrest/surrender before the learned Court below within a period of twelve weeks from today, on furnishing bail bonds of Rs. 10,000/- (ten thousand) each with two sureties of like amount each to the satisfaction of learned ACJM-I, Vaishali at Hajipur in connection with

Patna High Court CR. MISC. No.66436 of 2019(3) dt.06-03-2020 3/3 Bhagwanpur P.S. Case No. 114 of 2019, subject to the condition as laid down under Section 438(2) of the Cr. P.C. (Dinesh Kumar Singh, J) Amrendra/- U T