Usha Devi vs The State Of Bihar
2021 Latest Caselaw 866 Patna

          IN THE HIGH COURT OF JUDICATURE AT PATNA
                  CRIMINAL MISCELLANEOUS No.31747 of 2020
        Arising Out of PS. Case No.-114 Year-2019 Thana- JURAWANPUR District- Vaishali
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1. Usha Devi, aged 45 years, Female, W/o Lala Rai,

2. Rahul Kumar, aged 19 years, Male, S/o Lala Rai, both resident of village-

Ram Nagar, P.S.-Bakhtiyarpur, District-Patna.

... ... Petitioner/s

Versus

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

For the Petitioner/s : Ms. Rina Sinha, Advocate For the State : Mr. Narendra Kumar Singh, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE AHSANUDDIN AMANULLAH ORAL JUDGMENT Date : 12-02-2021

Heard Ms. Rina Sinha, learned counsel for the

petitioners and Mr. Narendra Kumar Singh, learned Additional

Public Prosecutor (hereinafter referred to as the 'APP') for the

State.

2. The petitioners apprehend arrest in connection with

Jurawanpur PS Case No.114 of 2019 dated 14.11.2019 instituted

under Sections 302, 201/34 of the Indian Penal Code and 4 of

the Dowry Prohibition Act, 1961.

3. The allegation against the petitioners is of being

party to killing of the daughter of the informant, who was the

wife of the brother of the petitioner no.1

4. Learned counsel for the petitioners submitted that Patna High Court CR. MISC. No.31747 of 2020 dt.12-02-2021

marriage had taken place in the year 2005 and death occurred in

the year 2019 i.e., after 14 years and there were also four

children born out of the wedlock and though there is allegation

of demand of dowry, but there has been no complaint anywhere

prior to the present incident. It was submitted that besides

merits, the petitioner is married sister of the husband of the

deceased and was living in her matrimonial home at

Bakhtiyarpur in Patna district, whereas, the incident occurred in

Vaishali district and the petitioner no. 2 is her son and, thus, has

no connection with the affairs of the deceased. Learned counsel

submitted that as per her instructions, the deceased was pregnant

and due to complication she died and only upon news of the

death, she had also gone to her father's place on such sad

occasion and even the relatives of the deceased had participated

in the cremation and the case is false. It was submitted that the

petitioners do not have any criminal antecedent.

5. Learned APP submitted that it has been alleged that

the daughter of the informant was killed and her body burnt

without any information to her relatives to cover-up the crime.

6. Having considered the facts and circumstances of

the case and submissions of learned counsel for the parties, in

the event of arrest or surrender before the Court below within Patna High Court CR. MISC. No.31747 of 2020 dt.12-02-2021

six weeks from today, the petitioners be released on bail upon

furnishing bail bonds of Rs.25,000/- (twenty five thousand) each

with two sureties of the like amount each to the satisfaction of

the CJM, Vaishali at Hajipur, in Jurawanpur PS Case No.114 of

2019, subject to the conditions laid down in Section 438(2) of

the Code of Criminal Procedure, 1973, and further (i) that one

of the bailors shall be a close relative of the petitioners, and (ii)

that the petitioners and the bailors shall execute bond with

regard to good behaviour of the petitioners and they shall

cooperate with the Court/police/prosecution. Any violation of

the terms of the bonds or failure to cooperate shall lead to

cancellation of their bail bonds.

7. The application stands disposed off in the

aforementioned terms.

(Ahsanuddin Amanullah, J)

J. Alam/-

AFR/NAFR U T