Allowed

Raj Kumari Devi v. the State of Bihar

Patna HC19 Jun 2024CR. MISC./36214/2024

Case brief

AI extract

What is this about?

Petitioners, family members of the deceased's husband, sought anticipatory bail in a dowry death case, claiming the deceased committed suicide due to societal ridicule over a marriage within prohibited relations. Court granted anticipatory bail subject to Cr.P.C. Section 438(2) conditions.

What did the court decide?

Anticipatory bail on furnishing bail bonds of Rs.10,000 each with two sureties of like amount, on surrender within six weeks, subject to Section 438(2) Cr.P.C. conditions.

Raj Kumari Devi 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.36214 of 2024

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Arising Out of PS. Case No.-455 Year-2023 Thana- ISLAMPUR District- Nalanda

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Raj Kumari Devi Wife Of Birju Sao Resident Of Village - Suhawanpur Surhi, P.S. - Islampur, District - Nalanda

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Birju Sao Son Of Late Lakshmi Sao Resident Of Village - Suhawanpur Surhi, P.S. - Islampur, District - Nalanda

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Amit Kumar @ Amit Sao Son Of Birju Sao Resident Of Village - Suhawanpur Surhi, P.S. - Islampur, District - Nalanda

... ... Petitioner/s

Versus

The State Of Bihar

... ... Opposite Party/s

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Appearance :

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For the Petitioner/s : Mr. Shyamal Prakash For the Opposite Party/s : Ms. Renu Kumari

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CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA ORAL ORDER

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2 19-06-2024

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Heard learned counsel for the petitioners and

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learned A.P.P. for the State.

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The petitioners apprehend their arrest in a case registered for the offences punishable under Sections 304(B) and 34 of the Indian Penal Code.

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Learned counsel for the petitioners submits that petitioners have been falsely implicated in the instant case by the informant. It is next submitted that Sikandar Kumar, who is son of petitioner no.1 and 2 was in love with the deceased and they got married in the year 2023. It is further submitted that the deceased and Sikandar were own cousins. It is submitted that the mother of Sikandar is own sister of the father of the

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Patna High Court CR. MISC. No.36214 of 2024(2) dt.19-06-2024 2/3

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deceased, as such, the relationship came within the prohibited category, as such, Sikandar could not have married the deceased but defying all the societal norms, Sikandar and the deceased got married but the marriage became a subject matter of ridicule by the society, on account of which, the deceased committed suicide by hanging and the petitioners being father, mother and brother of Sikandar came to be implicated in a mechanical manner by the informant, who is brother of the deceased.

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Learned A.P.P. for the State opposes the prayer for anticipatory bail of the petitioners.

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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 Court below 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 learned trial court where the case is pending/successor court in connection with Islampur P.S. Case No.455/2023, subject to the conditions as laid down under Section 438 (2) of the Cr.P.C.

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However, the informant would be at liberty to file an application before this court seeking cancellation of the

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Patna High Court CR. MISC. No.36214 of 2024(2) dt.19-06-2024 3/3

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anticipatory bail granted to the petitioners, in the event, if Sikandar and the deceased were not related as submitted by the learned counsel appearing on behalf of the petitioners.

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(Satyavrat Verma, J)

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amit/-

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U T

Raj Kumari Devi v. the State of Bihar

Case brief

What is this about?

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Raj Kumari Devi v. the State of Bihar

Case brief

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