Panmati Devi @ Pana Domin @ Panmati Kunwar v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.9006 of 2024 Arising Out of PS. Case No.-110 Year-2022 Thana- JAMOBAZAR District- Siwan ====================================================== 1.
PANMATI DEVI @ PANA DOMIN @ PANMATI KUNWAR W/O LATE LALBABU BASFOR @ LALBABU DOM R/O VILLAGE AND P.SJAMO BAZAR, DISTT.- SIWAN. 2.
DURGAWATI DEVI W/O RAJU BASFOR R/O VILLAGE AND P.SJAMO BAZAR, DISTT.- SIWAN. ... ... Petitioner/s
Versus
THE STATE OF BIHAR ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Vijay Bardhan Pandey For the Opposite Party/s :
Mr. Rajendra Nath Jha ====================================================== CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA ORAL ORDER 05-03-2024
1. Heard learned counsel for the petitioners and learned A.P.P. for the State.
2. The petitioners apprehend their arrest in a case registered for the offences punishable under Sections 304B, 201 and 34 of the Indian Penal Code.
3. Learned counsel for the petitioners submits that petitioners are persons with clean antecedent and have been falsely implicated by the informant being mother-in-law and sister-in-law (gotni) of the deceased. It is next submitted that son of the petitioner no. 1 married the deceased in the year 2021. It is next submitted that the informant alleges that after marriage, the accused persons were demanding motorcycle and
Patna High Court CR. MISC. No.9006 of 2024(2) dt.05-03-2024 2/3 for non-fulfillment of the demand, the deceased was tortured. It is further alleged that on 09.09.2022, she got an information that the accused persons including the petitioners have killed her daughter and are preparing to cremate the body, accordingly, she came to the place of occurrence when she found out that the accused persons after cremating the dead body have fled away.
4. The learned counsel for the petitioners submits that the marriage of the deceased with the son of the petitioner no. 1 was a love marriage as they had performed their marriage in Court. It is further submitted that petitioners are living separately from the husband of the deceased. It is also submitted that the younger brother of the husband of the deceased is also an accused in the present case who was taken in judicial custody but has been released on regular bail. It is further submitted that the date of occurrence is 09.09.2022 and the FIR came to be instituted on 16.09.2022, it is thus submitted that if the informant had reached the place of occurrence on 09.09.2022 then why the FIR came to be instituted after a delay of 7 days which amply demonstrates that the FIR has been instituted after due deliberation. It is further submitted that the deceased had committed suicide on account her differences with her husband. It is next submitted that the petitioners will not abscond rather
Patna High Court CR. MISC. No.9006 of 2024(2) dt.05-03-2024 3/3 will co-operate in the investigation.
5. Learned A.P.P. for the State opposes the prayer for anticipatory bail of the petitioners.
6. Considering the submissions made by the learned counsel for the petitioners, the petitioners above-named, in the event of their arrest or surrender before the learned trial court within a period of six weeks from today, be released on anticipatory bail on furnishing bail bonds of Rs. 10,000/- (Rupees Ten Thousand) each with two sureties of the like amount each to the satisfaction of the learned trial court where the case is pending/successor court in connection with Jamo Bazar P.S. Case No. 110 of 2022 subject to the conditions as laid down under Section 438 (2) of the Cr.P.C.
7. Accordingly, the present anticipatory bail application stands allowed.
(Satyavrat Verma, J) Rishabh/- U T