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Patna High CourtCR. MISC./83107/2024allowed

See Kumari @ Sawitri Devi @ Savitri Devi @ See Kumari Devi v. The State Of Bihar

2024-12-11Mr. Justice Ashok Kumar Pandey3 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.83107 of 2024 Arising Out of PS. Case No.-110 Year-2024 Thana- PARBATTA District- Bhagalpur ====================================================== 1.

See Kumari @ Sawitri Devi @ Savitri Devi @ See Kumari Devi W/oShashi Roy Village- Japteli Ps- Parbatta Dist- Bhagalpur 2.

Gunjan Kumari Wife of Bikram Village- Japteli Ps- Parbatta Dist- Bhagalpur ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Rajesh Kumar For the Opposite Party/s :

Mr.Satyendra Prasad ====================================================== CORAM: HONOURABLE MR. JUSTICE ASHOK KUMAR PANDEY ORAL ORDER 11-12-2024 Heard learned counsel for the petitioners and Mr. Satyendra Prasad learned APP for the State.

2. The instant application for anticipatory bail have been filed by the petitioners apprehending their arrest in connection with Parbatta P.S. Case No. 110/2024, registered for the offence under Sections 80,3(5) of the Bharatiya Nyaya Sanhita.

3. The case of the prosecution is the daughter of the informant, namely, Dipa Kumari who was married to one Ajuba Kumar. Further case of the prosecution is that she was being subjected to cruelty on amount of non-fulfillment order of demand. On 04/07/2024 the petitioners received an information from Ajuba Kumar that Dipa Kumari has died. When the

Patna High Court CR. MISC. No.83107 of 2024(2) dt.11-12-2024 2/3 informant came to the matrimonial house of the deceased, he came to know that all the accused persons are killed his daughter.

4. Learned counsel for the petitioners submitted that petitioners are innocent and have committed no offence. They have falsely been implicated in this case. During course of hearing, learned counsel for the petitioners have submitted that the petitioners are mother-in-law and sister-in-law of the deceased. It has also been submitted that Ajuba Kumar and deceased have solemnized love marriage and after love marriage, they are living separate from his parents and other. Petitioners are ladies and there is no specific allegation against them. The husband of the deceased is already in custody. The petitioners are having no criminal antecedent.

5. In contra, learned APP appearing for the State has opposed the prayer of bail of the petitioner.

6. Having heard learned counsel for the parties and in the facts and circumstances of the case as stated above, this Court is inclined to enlarge the petitioner on bail. The petitioners are directed to surrender in the Court below within a period of four weeks from today and in the event of their arrest or surrender in connection with Parbatta P.S. Case No.

Patna High Court CR. MISC. No.83107 of 2024(2) dt.11-12-2024 3/3 110/2024, they will be enlarged on bail on furnishing bail bond of Rs. 10,000/- (Rupees ten thousand) on each of them with two sureties of the like amount each to the satisfaction of learned Additional Chief Judicial Magistrate 3rd, Naugachia, subject to the conditions as laid down under section 438(2) of the Cr.P.C. (Ashok Kumar Pandey, J) krishnakant/- U T