Urmila Devi v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.3244 of 2024 Arising Out of PS. Case No.-83 Year-2020 Thana- AMARPUR District- Banka ====================================================== 1.

URMILA DEVI W/O- RAJESHWAR RAI R/O- VILLAGEDUMARAMA, POLICE STATION- AMARPUR, DIST.- BANKA (BIHAR) 2.

SONU KUMAR S/O- RAJESHWAR RAI R/O- VILLAGE- DUMARAMA, P.S.- AMARPUR, DIST.- BANKA (BIHAR).

3.

ANUJ KUMAR S/O- RAJESHWAR RAI R/O- VILLAGE- DUMARAMA, P.S.- AMARPUR, DIST.- BANKA (BIHAR.) ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Davendra Kumar Pandey For the Opposite Party/s :

Mr.Kanhiya Kishor ====================================================== CORAM: HONOURABLE MR. JUSTICE NAWNEET KUMAR PANDEY ORAL ORDER 12-07-2024 Heard learned counsel for the petitioners and learned APP for the State.

2. The petitioners apprehend their arrest in connection with Amarpur P.S. Case No. 83 of 2020 registered for the offence under Sections-341, 323, 307, 498(A)/34 of the Indian Penal Code.

3. As per allegation, on 20-06-2019, the marriage of daughter of the informant was solemnized with co-accused Chandan Kumar. The matrimonial in-mates were inflicting atrocities on daughter of the informant for non-fulfillment of demand of dowry. On receiving the information that her

Patna High Court CR. MISC. No.3244 of 2024(3) dt.12-07-2024 2/3 daughter was admitted in Mayaganj Hospital. The informant rushed there and his daughter was found unconscious. When his daughter regained her consciousness, she told the informant that her husband and his family members had tortured her for nonfulfillment of demand of dowry of Rs. Two lakhs and consequently, the husband and his relatives poured acid in the mouth of daughter of the informant.

4. Learned counsel for the petitioners has submitted that the petitioners are mother-in-law and brothers-in-law (Devars) of the deceased having no concern with day-to-day affairs of the dispute between the husband and the wife. They have falsely been implicated in this case merely because they are close relatives of husband of the deceased. The further submission of learned counsel for the petitioners is that the husband of the deceased was put on trial in S.Tr. No. 166 of 2022 and vide order dated 10-08-2023, the husband was acquitted as the prosecution failed to prove its case. The case of the petitioners stands on better footing to that of co-accused (husband of the deceased) who has been put on trial and acquitted.

5. Learned APP has opposed the prayed for bail.

6. Considering the aforesaid facts and circumstances,

Patna High Court CR. MISC. No.3244 of 2024(3) dt.12-07-2024 3/3 let the petitioners named above in the event of arrest or surrender within four weeks 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 learned Chief Judicial Magistrate, Banka in connection with Amarpur P.S. Case No. 83 of 2020 subject to the conditions as laid down under Section-438(2) of the Cr.P.C. as also with conditions as follows:

(i) The petitioners shall cooperate with the trial and make themselves available as and when required by the court. (ii) The petitioners will appear in the court below on each and every date fixed in the case and if, they fail to do so on two consecutive dates, the learned court below shall be at liberty to cancel the bail bonds of the petitioners.

(Nawneet Kumar Pandey, J) A.K.V.//- U T