Mukesh Kumar @ Mukul Rai v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.5057 of 2023 Arising Out of PS. Case No.-135 Year-2022 Thana- PUNAURA District- Sitamarhi ====================================================== 1.

MUKESH KUMAR @ MUKUL RAI Son of Hanuman Ray Nar Vigaha R/V- Raghopur Bakhri, P.S- Punaura Dist- Sitamarhi 2.

Phulo Kumari Devi @ Phul Kumari Devi W/o Mukesh Kumar @ Mukul Rai R/V- Raghopur Bakhri, P.S- Punaura Dist- Sitamarhi ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mrs. Nivedita Nirvirkar, Sr. Adv.

:

Ms. Shashi Priya, Adv.

For the Opposite Party/s :

Mr. Kumar Veerendra Narayan, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE ANJANI KUMAR SHARAN ORAL ORDER 05-05-2023 Heard learned senior counsel for the petitioners and learned APP for the State.

The petitioners are apprehending their arrest in a case registered for the offence punishable under Sections 304B, 201 and 120B/34 of the Indian Penal Code pending in the learned court below.

As per the prosecution case, the daughter of the informant was killed by the petitioners and other co-accused persons due to non-fulfillment of demand of dowry of Rs.5,00,000/-.

Learned senior counsel for the petitioners submits that the petitioners are innocent and have been falsely implicated in this case. He further submits that petitioners are in

Patna High Court CR. MISC. No.5057 of 2023(2) dt.05-05-2023 2/2 laws of the deceased. He submits that the husband of the deceased is already in judicial custody. He further submits that there is no specific overt act against the petitioners. He further submits that petitioners have got no criminal antecedent as stated in para-3 of the bail application.

Learned APP for the State opposes for prayer for bail. Considering the aforesaid facts and circumstances and the fact that petitioners are in laws of the deceased and husband of the deceased is already in judicial custody, let the petitioners, named above, in the event of their arrest/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.25,000/- (Rupees Twenty Five Thousand) each with two sureties of the like amount to the satisfaction of the learned Court below, where the case is pending/Successor court, in connection with Punaura P.S. Case No.135/2022, subject to the condition as laid down under Section 438 (2) of the Cr.P.C. (Anjani Kumar Sharan, J) ajay/- U T