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Patna High CourtCR. MISC./15179/2021allowed

Sanjay Kumar Mishra @ Pappu Mishra v. The State Of Bihar

2021-08-18Mr. Justice Anjani Kumar Sharan2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.15179 of 2021 Arising Out of PS. Case No.-297 Year-2020 Thana- ARA MUFFSIL District- Bhojpur ====================================================== 1.

Sanjay Kumar Mishra @ Pappu Mishra Son Of Late Vidyaratan Mishra Resident Of Village - Bela, P.S. Ara Muffasil, District - Bhojpur. 2.

Kamlawati Devi Wife Of Sanjay Kumar Mishra Resident Of Village - Bela, P.S. Ara Muffasil, District - Bhojpur.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Ramchandra Sahni For the Opposite Party/s :

Mr. Dilip Kumar No. 1 ====================================================== CORAM: HONOURABLE MR. JUSTICE ANJANI KUMAR SHARAN ORAL ORDER 18-08-2021 Heard learned counsel for the petitioners and learned A.P.P. for the State through virtual court proceeding. Learned counsel for the petitioners undertakes to remove the defects within four weeks of resumption of normal court proceeding. In the eventuality of non-removal of defects within undertaken period, the office will place the matter before the Bench. The petitioners seek bail in connection with Ara (M) P.S. (Dhobha O.P.) Case No. 297 of 2020 registered for the offence punishable under Sections 304B/201/34 of the Indian Penal Code. Allegation against the petitioners is that petitioners along with husband of the deceased had killed the daughter of the informant due to non fulfillment of dowry demand.

It is submitted by learned counsel for the petitioners that

Patna High Court CR. MISC. No.15179 of 2021(3) dt.18-08-2021 2/2 petitioners have falsely been implicated in this case and has not committed any offence as alleged in the FIR. He submits that petitioners are the in-laws of the deceased i.e. petitioner No. 1 is father-in-law and petitioner No. 2 is mother-in-law of the deceased. He further submits that he has filed the supplementary affidavit stating therein that husband of the deceased is in custody since 16.09.2020. The allegation levelled against the petitioners is not specific rather general and omnibus in nature. The petitioners have no criminal antecedent as has been mentioned in para 3 of this bail petition and has been languishing in custody since 16.09.2020. Learned APP for the State opposed the bail petition.

Considering the facts aforesaid and the fact that petitioners are the in-laws of the deceased, the above named petitioners are directed to be enlarged on bail, 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 Ara (M) P.S. Case No. 297 of 2020.

(Anjani Kumar Sharan, J) GAURAV S./- U T