Allowed

Sangeeta Kumari v. The State of Bihar

Patna HC7 Feb 2024CR. MISC./3357/2024

Case brief

AI extract

What is this about?

The Patna High Court granted anticipatory bail to two petitioners in a dowry death case pending investigation by the police at Lalganj, Vaishali. The court considered the petitioners lack of direct relation to the deceased and vague allegations while specifying bail conditions.

What did the court decide?

Petitioners granted bail on bonds of Rs.10,000 each with two sureties if arrested or surrender within eight weeks, subject to Section 438(2) CrPC conditions.

Sangeeta Kumari Vs The State of Bihar — Dowry and Cruelty | Patna HC (2024)

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IN THE HIGH COURT OF JUDICATURE AT PATNA CRIMINAL MISCELLANEOUS No.3357 of 2024

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Arising Out of PS. Case No.-258 Year-2023 Thana- LALGANJ District- Vaishali

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======================================================

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1. Sangeeta Kumari Wife of Santosh Paswan Resident of VillageShahdullahpur, PS- Lalganj, District - Vaishali

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1. Gaytri Devi Wife of Late Bhikhari Paswan Resident of VillageShahdullahpur, PS- Lalganj, District - Vaishali

... ... Petitioner/s

Versus

The State of Bihar

... ... Opposite Party/s

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====================================================== Appearance : For the Petitioner/s : Mr.Sunil Kumar Singh, Advocate For the Opposite Party/s : Mr.Mohammad Sufyan, APP ======================================================

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CORAM: HONOURABLE MR. JUSTICE ARUN KUMAR JHA ORAL ORDER

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2 07-02-2024

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Heard learned counsel for the petitioners and learned APP for the State.

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In the present case, the petitioners are apprehending their arrest in connection with Lalganj P.S. Case No. 258 of 2023, registered on 17.07.2023 for the offences under Sections 304B/34 of the Indian Penal Code.

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As per prosecution case, the petitioners are made accused for causing dowry death of the daughter of the informant along with other co-accused persons.

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Learned counsel for the petitioners submits that the petitioners are innocent and have falsely been implicated in this case. Learned counsel further submits that the petitioners are not directly related to the deceased as petitioner no. 1 is the

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Patna High Court CR. MISC. No.3357 of 2024(2) dt.07-02-2024 2/3

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aunt of the husband of the deceased whereas petitioner no. 2 is the grandmother by agnatic relationship of the husband of the deceased, and they do not belong to the family of the husband of the deceased. Learned counsel further submits that from the FIR it is also evident that the occurrence took place on 06.06.2023 and despite getting the information immediately the FIR was lodged only on 17.07.2023 without any explanation. This shows after thought and deliberation on part of the informant in falsely implicating the petitioners. At the time of alleged occurrence neither the petitioners were present at the place of occurrence nor they have any concern with the family matters of the deceased or her husband. Moreover, there is general and omnibus allegation against the petitioners, who are not having any criminal antecedent.

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Learned APP opposes the submission made on behalf of the petitioners. Learned APP submits that the daughter of the informant was strangulated to death by the petitioners along with other co-accused persons.

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Having regard to the facts and circumstances and submissions made on behalf of the parties and considering the fact petitioners are not directly related and the allegations are vague and non-specific and further considering the

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Patna High Court CR. MISC. No.3357 of 2024(2) dt.07-02-2024 3/3

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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 released on bail, on furnishing bail bonds of Rs.10,000/(Rupees Ten Thousand Only) each with two sureties of the like amount each to the satisfaction of learned Additional Chief Judicial Magistrate- VIIth, Vaishali at Hajipur/concerned court in connection with Lalganj P.S. Case No. 258 of 2023, subject to the condition as laid down under Section 438(2) of the Code of Criminal Procedure and other following conditions :

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

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

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(Arun Kumar Jha, J)

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DKS/-

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U T

Sangeeta Kumari v. The State of Bihar

Case brief

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Sangeeta Kumari v. The State of Bihar

Case brief

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