Chandrawati Devi v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.85591 of 2023 Arising Out of PS. Case No.-167 Year-2023 Thana- PANAPUR District- Saran ====================================================== 1.
Chandrawati Devi W/O Shital Thakur R/O Vill - Vijauli, P.S. - Panapur, Dist. - Saran.
2.
Putul Devi @ Nitu Kumari D/o Shital Thakur R/o vill - Vijauli, P.S. - Panapur, Dist. - Saran.
3.
Binod Thakur Son of Shital Thakur R/o vill - Vijauli, P.S. - Panapur, Dist. - Saran.
... ... Petitioner/s
Versus
The State of Bihar.
... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Nalin Kumar, Advocate For the Opposite Party/s :
Mr. Ajit Kumar, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE PURNENDU SINGH ORAL ORDER 16-04-2024 Heard Mr. Nalin Kumar, learned counsel appearing on behalf of the petitioners and Mr. Ajit Kumar, learned APP appearing on behalf of the State.
2. The petitioners apprehend their arrest in connection with Panapur P.S. Case No. 167 of 2023 registered under Sections 302/34 of the Indian Penal Code and Sections 3/4 of the Dowry Prohibition Act.
3. As per the allegation made in the FIR, the allegation against the petitioners is of committing murder of the daughter of the informant. Petitioner no.3 is the husband of the informant's daughter (deceased) whereas petitioner nos. 1 and 2
Patna High Court CR. MISC. No.85591 of 2023(4) dt.16-04-2024 2/3 are mother-in-law and sister-in-law (nanad) of the deceased.
4. Learned counsel appearing on behalf of the petitioners submits that the petitioners are innocent and they have falsely been implicated in the present case. The petitioners have clean antecedent. A general and omnibus allegation has been levelled against the petitioners. There is no independent eye witness of the alleged occurrence.
5. Learned APP for the State has vehemently opposed the prayer for grant of pre-arrest bail to the petitioners.
6. Considering the nature of allegation made against the petitioner nos.1 and 3, who are mother-in-law and husband of the deceased respectively, I am not inclined to enlarge them on pre-arrest bail. However, if so advised, they may surrender before the District Court and seek regular bail.
7. So far as petitioner no.2 Putul Devi @ Nitu Kumari is concerned, considering the nature of allegation against her to be not specific, she is directed to be released on pre-arrest bail, in the event of her arrest or surrender before the learned Court below within a period of four weeks from today, on furnishing bail bond of Rs. 10,000/- (Ten thousand) with two sureties of the like amount each, to the satisfaction of learned Additional Chief Judicial Magistrate-VI, Saran in connection with Panapur P.S.
Patna High Court CR. MISC. No.85591 of 2023(4) dt.16-04-2024 3/3 Case No. 167 of 2023, subject to the condition as laid down under Section 438(2) of the Cr.P.C.
8. The bail application, accordingly, stands disposed of.
(Purnendu Singh, J.) Mantreshwar/- Ashishsingh/- U T