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Patna High CourtCR. MISC./6132/2024allowed

Phool Kumari Devi @ Sanju Devi v. The State Of Bihar

2024-02-20Mr. Justice Anjani Kumar Sharan2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.6132 of 2024 Arising Out of PS. Case No.-303 Year-2023 Thana- KHIJARSARAI District- Gaya ====================================================== 1.

PHOOL KUMARI DEVI @ SANJU DEVI WIFE OF CHAUDHARY DAS @ CHAUDHARY RAVI DAS R/O-SADHU NAGAR, P.S.-KHIZERSARAI, DISTT.-GAYA 2.

CHAUDHARY DAS @ CHAUDHARY RAM SON OF LATE BALKISHUN DAS R/O-SADHU NAGAR, P.S.-KHIZERSARAI, DISTT.-GAYA ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Ramakant Akela, Adv.

For the Opposite Party/s:

Mr.Tarun Prasad Mandal, APP.

Mr. Prithvi Raj Singh, Adv.

====================================================== CORAM: HONOURABLE MR. JUSTICE ANJANI KUMAR SHARAN ORAL ORDER 20-02-2024 Heard learned counsels for the parties.

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

3. All the F.I.R. named accused persons including the petitioners, on non-fulfillment of demand of dowry, in furtherance of the common intention are said to have committed murder of the daughter of the informant.

4. It is submitted by learned counsel for the petitioners that petitioners are quite innocent and have committed no offence. No such occurrence as alleged ever took place. Petitioners are in-laws of the deceased. They have been falsely implicated in this case

Patna High Court CR. MISC. No.6132 of 2024(2) dt.20-02-2024 2/2 due to ulterior motive. The allegation levelled against the petitioners is not specific rather general and omnibus in nature. It is further submitted that the husband of the deceased is already in judicial custody since 03.08.2023. Petitioners have no criminal antecedent as mentioned in para-3 of this application.

5. Learned APP for the State as well as learned counsel for the informant opposes the prayer for bail.

6. Having regard to the facts and circumstances of the case, as husband of the deceased is already in judicial custody, let the above named petitioners, be release 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 lower Court where the case is pending/successor Court in connection with Khizersarai P.S. Case No. 303 of 2023, subject to the condition as laid down under Section 438 (2) of the Cr.P.C.

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