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Patna High CourtCR. MISC./12506/2023allowed

Munari Devi v. The State Of Bihar

2023-07-17Mr. Justice Sunil Kumar Panwar2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.12506 of 2023 Arising Out of PS. Case No.-43 Year-2020 Thana- MADHAURAH District- Saran ====================================================== 1.

Munari Devi W/O Gautam Ram R/V- Mubarakpur, P.S.- Marhowrah, District- Saran At Chapra 2.

Gautam Ram S/O Late Ganga Ram R/V- Mubarakpur, P.S.- Marhowrah, District- Saran At Chapra ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Narendra Kumar For the Opposite Party/s :

Mr.Rajendra Singh ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL KUMAR PANWAR ORAL ORDER 17-07-2023 Heard learned counsel for the petitioners and learned APP for the State.

The petitioners seek regular bail in connection with Marhowrah P.S. Case No. 43 of 2020 registered for the offence under Sections 498(A), 304B/34 of the Indian Penal Code. The prosecution case, in brief, is that the petitioners along others used to torture and assault the informant's daughter due to non-fulfillment of dowry demand. It is further alleged that on 22.1.2020, the informant came to know that her daughter has been killed by the accused persons. Accordingly, the present FIR has been lodged.

Learned counsel for the petitioners submits that the petitioners are innocent and have committed no offence. The petitioners are mother-in-law & father-in-law the deceased due to

Patna High Court CR. MISC. No.12506 of 2023(3) dt.17-07-2023 2/2 which they have falsely been implicated in the present case. The petitioners have also no concern mess and business of the deceased as well as her husband and lives separately from them. It is further submitted that the husband of the deceased is already in custody upon whom, it was his responsibility to keep his wife well. A statement has been made in para-3 of the petition that the petitioners have got no criminal antecedent. Moreover, the petitioner are languishing in judicial custody since 10.10.2022. Learned APP appearing for the state has opposed the prayer of regular bail.

Having heard learned counsel for the parties and considering the facts and circumstances of the case as well as custody of the petitioner, this court is inclined to enlarge them on bail. The above named petitioners are directed to be released on bail in connection with Marhowrah P.S. Case No. 43 of 2020 on furnishing bail bond of Rs.10,000/- (ten thousand) each with two sureties of the like amount each to the satisfaction of learned Chief Judicial Magistrate, Saran at Chapra.

(Sunil Kumar Panwar, J) Amandeep/- U T