Shyama Devi v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.79519 of 2024 Arising Out of PS. Case No.-149 Year-2023 Thana- SINGHESHWAR District- Madhepura ====================================================== 1.

Shyama Devi W/o- Late Ramesh Ram Village- Patori Ward No 5 PSSingheshwar District-Madhepura 2.

Chandan Kumar S/o- Late Ramesh Ram Village- Patori Ward No 5 PSSingheshwar District-Madhepura ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Ms. Kumari Rashmi, Adv.

For the Opposite Party/s :

Ms. Renu Kumari, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE CHANDRA PRAKASH SINGH ORAL ORDER 18-02-2025 Heard learned counsel for the petitioners and learned Additional Public Prosecutor for the State.

2. The petitioners are apprehending their arrest in a case registered for the offences punishable under Section 304B read with Section 34 of the Indian Penal Code.

3. As per the prosecution case, the petitioners and the co-accused persons are alleged to have killed the daughter of the informant who was married to the co-accused, Kundan Ram.

4. Learned counsel for the petitioners has submitted that the petitioners are innocent and have falsely been implicated in this case. There is general and omnibus allegation against the petitioners. It is further submitted that the petitioner no.1 is the wife of elder brother of the deceased's husband and the petitioner

Patna High Court CR. MISC. No.79519 of 2024(2) dt.18-02-2025 2/2 no.2 is the son of the petitioner no.1. It is also submitted that there is no eye-witness to the fact that the petitioners participated in the occurrence to kill the deceased. The petitioners neither demanded any dowry nor tortured the deceased. The petitioners have no concern with the alleged recovery. The co-accused has been granted regular bail by this Court vide order dated 19.09.2024 in Cr. Misc. No. 63569 of 2024. The petitioners have no criminal antecedent as stated at para 3 of the bail petition.

5. Learned A.P.P. for the State has vehemently opposed the prayer for anticipatory bail of the petitioners.

6. Considering the aforesaid facts and circumstances of the case, let the above named petitioners, in the event of their arrest/surrender within a period of six weeks from today, be enlarged on anticipatory bail on furnishing bail-bond of Rs. 20,000/- (Rupees twenty thousand) each with two sureties of the like amount each to the satisfaction of the learned court concerned, C.J.M., Madhepura in connection with Singheshwar P.S. Case No. 149 of 2023, subject to conditions as laid down under section 438(2) of the Code of Criminal Procedure.

7. The application stands allowed.

(Chandra Prakash Singh, J) shivam/- U T