Champa @ Champa Kumari v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.74891 of 2019 Arising Out of PS. Case No.-78 Year-2019 Thana- GUTHANI District- Siwan ====================================================== 1.

Champa @ Champa Kumari D/O - Deepnarayan Sah Resident of Village - Mairitar, P.S.- Guthni, District- Siwan 2.

Shubhawati Devi Wife of Deepnarayan Sah Resident of Village - Mairitar, P.S.- Guthni, District- Siwan 3.

Deepnarayan Sah Son of Sudarshan Sah Resident of Village - Mairitar, P.S.- Guthni, District- Siwan ... ... Petitioners

Versus

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

For the Petitioner :

Mr.Prabhakar Singh, Advocate For the Opposite Party :

Mr.Shyam Bihari Singh, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE ASHWANI KUMAR SINGH ORAL ORDER 15-06-2020 Heard learned counsel for the petitioners and learned Additional Public Prosecutor for the State via video conferencing.

The petitioners seek pre-arrest bail in connection with Guthni P. S. Case No.78 of 2019 registered under Sections 304B/201/34 of the Indian Penal Code. Regard being had to the gravity of the offence and the nature of allegation made against the petitioners in the FIR, I am not inclined to grant pre-arrest bail to petitioner nos. 2 and 3, namely, Shubhawati Devi and Deepnarayan Sah, who are mother-in-law and father-in-law respectively of the alleged

Patna High Court CR. MISC. No.74891 of 2019(4) dt.15-06-2020 2/2 victim. Accordingly, their prayer for grant of pre-arrest bail is rejected.

In case petitioner nos. 2 and 3 surrender and seek bail, the same shall be considered on its own merit without being prejudiced in any manner by this order.

As far as petitioner no. 1, Champa @ Champa Kumari is concerned, since she is an unmarried sister-in-law of the alleged victim and a specific plea has been taken on her behalf that in case she is not granted pre-arrest bail, her entire future would be ruined as nobody would be ready and willing to marry her though she has obtained a marriageable age, she is directed to be released, in the event of her arrest or surrender before the court below, on bail on furnishing bail bond of Rs.10,000/- (Rupees ten thousand) with two sureties of the like amount each to the satisfaction of learned Chief Judicial Magistrate, Siwan in Guthni P. S. Case No.78 of 2019, subject to the conditions as laid down under Section 438 (2) of the Code of Criminal Procedure.

(Ashwani Kumar Singh, J) kanchan/- U T