Shankar Biswas v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.65343 of 2019 Arising Out of PS. Case No.-71 Year-2019 Thana- MAHILA P.S. District- Araria ====================================================== 1.

SHANKAR BISWAS Son of Late Bileswar Biswas, Resident of Village - Pachhiyari Jhirwa, Ward No. 13, P.S.- Simraha, Distt - Araria. 2.

Kiran Devi Wife of Shankar Biswas, Resident of Village - Pachhiyari Jhirwa, Ward No. 13, P.S.- Simraha, Distt - Araria. 3.

Raj Kumari Devi Wife of Narayan Biswas @ Narayan Mandal, Resident of Village - Halhalia, Khaspur, P.S.- Forbesganj, Distt - Araria. 4.

Chandani Devi Wife of Rajesh Biswas, Resident of Village - Cuppy Tola, Ward No. 3, P.S.- Forbesganj, Distt - Araria. ... ... Petitioner/s

Versus

1.

THE STATE OF BIHAR 2.

Lila Devi Wife of Sanjay Biswas Resident of Village - Pachiyari Jhirwa, Ward No. 13 P.S.- Simraha, Distt - Araria.

... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Md. Naushad Uzzoha For the Opposite Party/s :

Mr.Ramesh Chandra ====================================================== CORAM: HONOURABLE MR. JUSTICE MOHIT KUMAR SHAH ORAL ORDER 04-03-2020 Heard the learned counsel for the petitioners and the learned APP for the State.

The petitioners apprehend their arrest in connection with Araria Mahila P.S. Case No. 71 of 2019 for the offence punishable under Sections 498A, 341, 323, 354B, 494/34 of the Indian Penal Code.

The allegation is regarding the accused persons having subjected the Opposite Party no.2 to cruelty for want of dowry at the instance of the petitioner no.1 and had also

Patna High Court CR. MISC. No.65343 of 2019(4) dt.04-03-2020 2/3 attempted to kill her by pouring kerosene oil. The petitioner no.1 is also alleged to have tried to outrage the modesty of the opposite party no.2. It is further alleged that the husband of the opposite party no.2 had also tortured the opposite party no.2 and had left the opposite party no. 2 in lurch and is not caring for her and her children.

The learned counsel for the petitioners has submitted that as far as the petitioners no. 2 to 4 are concerned, they are sisters-in-law of the victim lady i.e. the opposite party no.2 and have got no complicity in the present case as is apparent from the FIR itself. It is further submitted that the petitioners no. 2 to 4 are having a clean antecedent and if at all anyone has complicity in the matter, it might be the petitioner no.1, who has already been arrested.

Having regard to the facts and circumstances of the case and considering the submissions made by the learned counsel for the petitioners, I deem it fit and proper to direct for release of the petitioners no. 2 to 4 on anticipatory bail. Accordingly, in the event of arrest or surrender in the court below within a period of four weeks from today, the petitioners no. 2 to 4, namely, Kiran Devi, Raj Kumari Devi and Chandani Devi, are directed to be released on anticipatory bail

Patna High Court CR. MISC. No.65343 of 2019(4) dt.04-03-2020 3/3 on furnishing bail- bonds of Rs. 10,000/- each with two sureties of the like amount each to the satisfaction of learned SubDivisional Judicial Magistrate, Araria in connection with Araria Mahila P.S. Case No. 71 of 2019, subject to the conditions laid down under Section 438(2) of the Code of Criminal Procedure. (Mohit Kumar Shah, J) Tiwary/- U T