Gita Devi v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.2580 of 2024 Arising Out of PS. Case No.-237 Year-2023 Thana- TARIYANI CHOWK District- Sheohar ====================================================== 1.

Gita Devi W/o Late Kishun Ray R/o Village- Param Basant, P.S- Tariyani, Distt.- Sheohar.

2.

Arun Ray @ Arun Kumar S/o Late Kishun Ray R/o Village- Param Basant, P.S- Tariyani, Distt.- Sheohar.

3.

Sabita Devi @ Sabita Kumari W/o Arun Ray @ Arun Kumar R/o VillageParam Basant, P.S- Tariyani, Distt.- Sheohar. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Abhay Shanker Singh, Advocate For the Opposite Party/s :

Mr.Brajendra Nath Pandey, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE ARUN KUMAR JHA ORAL ORDER 31-01-2024 Heard learned counsel for the petitioners and learned APP for the State.

2. In the present case, the petitioners are apprehending their arrest in connection with Tariyani P.S. Case No. 237 of 2023, registered on 02.10.203 for the offences under Sections 304B/34 of the Indian Penal Code.

3. As per prosecution case, the daughter of the informant has been killed within six months of her marriage in her matrimonial house and the petitioners are her mother-in-law, brother-in-law and sister-in-law, respectively.

4. Learned counsel for the petitioners submits that

Patna High Court CR. MISC. No.2580 of 2024(2) dt.31-01-2024 2/3 the petitioners are innocent and have falsely been implicated in this case. There is general and omnibus allegation against the petitioners and other co-accused persons. The husband of the deceased was working in Punjab and the deceased was insisting that she be allowed to stay with her husband at his working place and when she was not allowed to stay with her husband, she committed suicide by hanging herself and petitioners and other in-laws informed the parents of the deceased and also informed the police. Postmortem was conducted and cremation was performed in presence of the informant. Subsequently, the informant has also filed a compromise petition before learned Sessions Judge, Sheohar retracting the allegations. Learned counsel further submits that the husband of the deceased is already in custody.

5. Learned APP opposes the submission made on behalf of the petitioners.

6. Having regard to the facts and circumstances and submissions made on behalf of the parties and considering the doubtful nature of the allegation and further considering the possibility of false implication, let the petitioners above named, in the event of their arrest or surrender before the court concerned within a period of eight weeks from today, be

Patna High Court CR. MISC. No.2580 of 2024(2) dt.31-01-2024 3/3 released on bail, on furnishing bail bonds of Rs.20,000/- (Rupees Twenty Thousand Only) each with two sureties of the like amount each to the satisfaction of learned Chief Judicial Magistrate, Sheohar/concerned court in connection with Tariyani P.S. Case No. 237 of 2023, subject to the condition as laid down under Section 438(2) of the Code of Criminal Procedure and other following conditions :

(i) One of the bailors will be a close relative of the petitioners.

(ii) The petitioners will remain present on each and every date fixed by the court below, if so required by the learned trial court.

(Arun Kumar Jha, J) DKS/- U T