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Patna High CourtCR. MISC./2786/2023bail granted

Gangajali Devi v. The State Of Bihar

2023-05-04Mr. Justice Anjani Kumar Sharan3 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.2040 of 2023 Arising Out of PS. Case No.-699 Year-2022 Thana- HAJIPUR SADAR District- Vaishali ====================================================== 1.

PINKI DEVI Wife of Sanjay Rai Resident of Village- Akilabad, P.S.- Hajipur Sadar, District- Vaishali 2.

SANJAY RAI Son of Late Rajeshwar Rai Resident of Village- Akilabad, P.S.- Hajipur Sadar, District- Vaishali ... ... Petitioner/s

Versus

The State of Bihar ... ... Opposite Party/s ====================================================== with CRIMINAL MISCELLANEOUS No. 2786 of 2023 Arising Out of PS. Case No.-699 Year-2022 Thana- HAJIPUR SADAR District- Vaishali ====================================================== GANGAJALI DEVI WIFE OF LATE RAJESHWAR RAI R/O VILL.- AKILABAD, P.S.- SADAR HAJIPUR, DISTT.- VAISHALI ... ... Petitioner/s

Versus

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

(In CRIMINAL MISCELLANEOUS No. 2040 of 2023) For the Petitioner/s :

Mrs. Rupa Kumari For the Opposite Party/s :

Mr. Anil Prasad Singh Mr. Santosh Kumar (In CRIMINAL MISCELLANEOUS No. 2786 of 2023) For the Petitioner/s :

Mrs. Rupa Kumari For the Opposite Party/s :

Mr. Rana Randhir Singh Mr. Santosh Kumar ====================================================== CORAM: HONOURABLE MR. JUSTICE ANJANI KUMAR SHARAN ORAL ORDER 04-05-2023 Heard the parties.

As both these bail applications have cropped up from the same police station case number, hence, with consent of parties, they are being heard together and disposed of by this common

Patna High Court CR. MISC. No.2040 of 2023(5) dt.04-05-2023 2/3 order.

The petitioners apprehend their arrest in a case registered for the offence punishable under Sections 302, 201, 34 of the Indian Penal Code.

The allegation against the petitioners is that they are involved in the murder of the sister of the informant on the pretext of non-fulfillment of demand for dowry. It is submitted by learned counsel for the petitioners that petitioners are quite innocent and have committed no offence. They have been falsely implicated in this case. No such occurrence, in the manner as alleged, has ever taken place. The allegation levelled against the petitioners is not specific rather general and omnibus in nature. There petitioners are the in-laws and family members of the deceased. Learned counsel for the petitioners filed a supplementary affidavit and in para-3 of the said affidavit, he has stated that the husband of the deceased is already in judicial custody. Petitioners have no criminal antecedent.

Learned APP for the State opposed the prayer for anticipatory bail.

Having regard to the facts and circumstances of the case, let the above named petitioners, be released on bail, in the event

Patna High Court CR. MISC. No.2040 of 2023(5) dt.04-05-2023 3/3 of their arrest or surrender before the learned Court below within a period of six weeks from today, on furnishing bail bond of Rs. 25,000/- (Rupees Twenty Five Thousand) each with two sureties of the like amount each to the satisfaction of the learned court below where the case is pending/Successor Court in connection with Hajipur Sadar P.S. Case No.699 of 2022, subject to the conditions as laid down under Section 438(2) of the Cr.P.C.

(Anjani Kumar Sharan, J) shikha/- U T