Fulkumari Devi @ Ful Kumari And ORS v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.7671 of 2018 Arising Out of PS. Case No.-61 Year-2017 Thana- ASAWAN District- Siwan ======================================================

1. Fulkumari Devi @ Ful Kumari, Wife of Ajay Kumar Singh,

2. Ajay Kumar Singh, Son of Late Shyam Bahadur Singh,

3. Amit Kumar Singh, son of Ajay Kumar Singh, All are resident of Arkpur, P.S. Assaw, District- Siwan.

... ... Petitioner/s

Versus

The State of Bihar.

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

For the Petitioner/s :

Mr. Arbind Kumar Singh For the Opposite Party/s :

Mr. ARUN KUMAR SINGH -5 ====================================================== CORAM: HONOURABLE MR. JUSTICE SUDHIR SINGH ORAL ORDER 20-02-2018 Heard learned counsel for the petitioners and learned APP for the State.

The petitioners are apprehending their arrest in a case registered under Sections 342, 323, 376, 379, 498A/34 of the Indian Penal Code and 3⁄4 of Dowry Prohibition Act. Allegation is that the informant was married with late Anup Kumar Singh on 22.11.2010. In the marriage her father had given bolero vehicle, cash and ornaments etc to her in-laws. After marriage she came to her Sasural and found that her husband remain sick usually. This fact was concealed to her and her family members at the time of marriage. Her husband died on 6.12.2015. After death of her husband, her in-laws assured her to get her marry to his son Amrit Kumar Singh. Thereafter

Patna High Court Cr.Misc. No.7671 of 2018(3) dt.20-02-2018 2/3 Amrit Singh started living with her as husband by cheating. When she pressurised to get marry, the accused persons including the petitioners demanding bolero vehicle and started harassing and assasulting her.

It has been submitted on behalf of the petitioners that the petitioners have got no criminal antecedent. There is no allegation of tampering of witnesses alleged against the petitioners. The petitioners have falsely been implicated in the present case. The petitioner No.1 is the mother-in-law, petitioner No.2 is the father-in-law and petitioner No.3 is the Devar of the informant respectively. Specific allegation has been made against the co-accused, namely, Amrit Kumar Singh. The petitioners have relied upon the judgment of this Court in the case of Md. Naimul Haque Ansari @ Naimul Haque Ansari & Ors. Vs. The State of Bihar, reported in 2006(3) PLJR 182. On behalf of the State, it is submitted that the petitioners are named in the complaint case.

Considering the aforesaid facts and circumstances, let the petitioners, above named, in the event of arrest/surrender before the learned court below within a period of six weeks from today, be released on anticipatory bail on furnishing bail bonds of Rs.10,000/- (Ten thousand) each with two sureties of the like

Patna High Court Cr.Misc. No.7671 of 2018(3) dt.20-02-2018 3/3 amount each to the satisfaction of learned S.D.J.M., Siwan in connection with Assaw P.S. case No.61 of 2017, subject to the conditions as laid down under Section 438(2) of the Code of Criminal Procedure.

(Sudhir Singh, J) Narendra/- U T