Urmila Devi @ Pramila Devi v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.513 of 2024 Arising Out of PS. Case No.-112 Year-2019 Thana- GURARU District- Gaya ====================================================== 1.

URMILA DEVI @ PRAMILA DEVI WIFE OF RAMAN PAL R/O VILLAGE- BARORAH, P.S.- GURARU, DIST.- GAYA 2.

ANITA DEVI @ USHA DEVI W/O RAJARAM PAL R/O VILLAGEBARORAH, P.S.- GURARU, DIST.- GAYA 3.

PRIYANSHU KUMAR @ MUNNA @ PRIYANSHU SON OF RAMAN PAL R/O VILLAGE- BARORAH, P.S.- GURARU, DIST.- GAYA ... ... Petitioner/s

Versus

THE STATE OF BIHAR ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioners :

Mr. Surendra Kishore Thakur, Advocate For the State :

Mr. Ashok Kumar Singh, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH ORAL ORDER 21-03-2024 Heard learned counsel for the petitioners and learned A.P.P. for the State.

2. The petitioners seek bail in a case registered for the offence punishable under Sections 302, 328, 201 and 120B of the Indian Penal Code.

3. The prosecution case in brief is that the daughter of the informant was married with one Sunil Pal seven years ago. From the wedlock, she had two sons. Some dispute was going on for partition of the land and on 18.08.2019, Petitioner No. 3 informed the informant that his daughter is ill and asked him to come. It is alleged that thereafter that when the informant

Patna High Court CR. MISC. No.513 of 2024(3) dt.21-03-2024 2/3 went to his daughter's matrimonial home, he came to know that his daughter has died. It is further alleged that when the informant inquired about the matter in the village, he came to know that all the accused persons, including these petitioners, have assaulted and administered poison to daughter of the informant.

4. Learned counsel appearing on behalf of the petitioners submits that Petitioner Nos. 1 and 2 are gotni of the deceased and Petitioner No. 3 is the son of Petitioner No. 1. It is next submitted that allegation is general and omnibus. As a matter of fact, some altercation took place between the deceased and her husband, as a result of which the deceased administered poison to her son and also consumed the same, as a result of which they died. It is further submitted that from bare perusal of the F.I.R. it is apparent that the information was given to the informant by Petitioner No. 2 and they also participated in last rites of the deceased and only with a view to harass and humiliate these petitioners, this false and concocted case has been lodged. Petitioners have got clean antecedents and two of them are ladies. Change-sheet has already been submitted and the petitioners are in custody since 21.06.2022.

5. Learned A.P.P. for the State has vehemently

Patna High Court CR. MISC. No.513 of 2024(3) dt.21-03-2024 3/3 opposed the prayer for grant of bail to the petitioners.

6. Considering the rival submissions, period of custody and clean antecedents of the petitioners, the prayer for bail of petitioners is allowed.

7. Accordingly, let the above named petitioner be released on bail on furnishing bail-bond of Rs. 10,000/- (ten thousand) each with two sureties of the like amount each to the satisfaction of Judicial Magistrate-1st Class, Gaya, in connection with Guraru P.S. Case No. 112 of 2019.

(Prabhat Kumar Singh, J) shashank/- U T