Sumitra Devi And ANR v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.65028 of 2018 Arising Out of PS. Case No.-285 Year-2017 Thana- TEKARI District- Gaya ====================================================== 1.

Sumitra Devi, W/o Jagdeo Paswan, R/o Vill.- Guljana, P.S.-Tekari, Dist.- Gaya.

2.

Sanjay Paswan, S/o Sukhdeo Paswan, R/o Vill.- Limna, P.S.- Goh, Dist.- Aurangabad.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Sanjay Kr. Sinha For the Opposite Party/s :

Mr.Sri Narsingh Tanti ====================================================== CORAM: HONOURABLE MR. JUSTICE DINESH KUMAR SINGH ORAL ORDER 12-04-2019 Heard learned counsel for the petitioners and learned APP for the State.

The petitioner, being the mother and maternal uncle of the husband of the victim, are apprehending their arrest in a case registered for the offences punishable under Sections 304B, 201 and 120B/34 of the Indian Penal Code.

The prosecution case as per the written report of Deopati Paswan submitted to the Station House Officer of Tekari Police Station is to the effect that the daughter of the informant was married with Rukesh Paswan 4-5 years prior to the lodging of the case, but subsequent to marriage, there was further dowry demand of a gold chain and a motorcycle and due to the non-fulfillment of the same, torture was inflicted upon the victim. On 09.07.2017 at 7.00 P.M., the husband of the victim

Patna High Court CR. MISC. No.65028 of 2018(4) dt.12-04-2019 2/3 informant informed the informant that the informant's daughter has got a snake bite, as a result, she has died and hence, they are proceeding for cremation. Thereafter, the informant went to the in-laws house and found that the dead body of the daughter of the informant has been disposed of by the petitioenrs and other co-accused persons.

It is submitted by learned counsel for the petitioners that the accusation is omnibus and general against entire in-law family members and the thrust of accusation is against the husband of the victim and petitioners are old persons. Learned APP submits that the petitioners are named in the FIR and the dead body of the daughter of the informant has been disposed of by the petitioners and other co-accused persons.

Considering the thrust of accusation against the husband of the victim and there is omnibus and general accusation against the in-law family members, i.e., the petitioners let the above named petitioners be released on anticipatory bail in the event of arrest or 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 the like amount each to the satisfaction of learned Chief Judicial

Patna High Court CR. MISC. No.65028 of 2018(4) dt.12-04-2019 3/3 Magistrate, Gaya in connection with Tekari P.S. Case No. 285 of 2017, subject to the conditions as laid down under Section 438(2) of the Cr.P.C.

(Dinesh Kumar Singh, J) DKS/- U T