Ratan Mahaldar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.5480 of 2024 Arising Out of PS. Case No.-206 Year-2023 Thana- KADWA District- Katihar ====================================================== 1.

Ratan Mahaldar S/O- LATE BHAGIRATH MAHALDAR R/O VILL.- BINDHABARI, P.S.- KADWA, DISTT.- KATIHAR 2.

ANJALI DEVI W/O- RATAN MAHALDAR R/O VILL.- BINDHABARI, P.S.- KADWA, DISTT.- KATIHAR ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Sanjeev Kumar Singh For the Opposite Party/s :

Mr.Umeshanand Pandit ====================================================== CORAM: HONOURABLE MR. JUSTICE ANJANI KUMAR SHARAN ORAL ORDER 20-02-2024 Heard learned counsel for the petitioners and learned Additional Public Prosecutor for the State.

2.

The petitioners apprehend their arrest in a case registered for the offence punishable u/s 306/34 of the IPC and later on section 304(B) of the IPC was added.

3.

The allegation against the petitioners is that they along with other accused persons have tortured the daughter of the informant due to non-fulfillment of demand of dowry to the extent that she committed suicide.

4.

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 due to grudge. No

Patna High Court CR. MISC. No.5480 of 2024(2) dt.20-02-2024 2/2 such occurrence, in the manner as alleged, has ever taken place. The allegation leveled against the petitioners is not specific rather general and omnibus in nature. Petitioners are the fatherin-law and the mother-in-law of the deceased and husband of the deceased is already in judicial custody. This fact is mentioned in para-12 of this bail application. Petitioners have no criminal antecedent.

5.

Learned APP for the State opposed the prayer for bail. 6.

Having regard to the facts and circumstances of the case, since husband of deceased is already in custody, let the above named petitioners, be released on bail, in the event 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 Kadwa P.S. Case No.206 of 2023, subject to the conditions as laid down under Section 438(2) of the Cr.P.C. (Anjani Kumar Sharan, J) pallavi/- U T