Patna High CourtCR. MISC./6417/2023bail granted

Prabhu Sah v. The State Of Bihar

2023-07-21Mr. Justice Prabhat Kumar Singh2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.6417 of 2023 Arising Out of PS. Case No.-305 Year-2021 Thana- HARSIDHI District- East Champaran ====================================================== 1.

PRABHU SAH Son of Dukhi Sah R/v- Ramnagar, Ward No. 04, P.S.- Harsidhi, District- East Champaran 2.

SUNAINA DEVI @ BABUNTI DEVI Wife of Prabhu Sah R/v- Ramnagar, Ward No. 04, P.S.- Harsidhi, District- East Champaran ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Abhishek Kumar For the Opposite Party/s :

Mr.Tapeshwar Sharma ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH ORAL ORDER 21-07-2023 Heard learned counsel for the petitioners and the State.

2. Petitioners apprehend their arrest in a case registered for the offence punishable under Section 304B/201/34 of the Indian Penal Code.

3. It is a case of dowry death.

4. Petitioner No.1 is father-in-law and petitioner No.2 is mother-in-law of the deceased.

5. Learned counsel appearing for the petitioners submits that petitioners are innocent and have falsely been implicated in the case. It is further submitted that thrust of accusation is against the husband of the deceased, who is in

Patna High Court CR. MISC. No.6417 of 2023(5) dt.21-07-2023 2/2 custody since 05/07/2023 and so far these petitioners are concerned, allegation is general and omnibus. Petitioners are separate from the deceased in mess and property.

6. Learned counsel appearing for the State opposes the prayer for anticipatory bail.

7. Considering the facts of the case and nature of accusation against the petitioners, let the petitioners, above named, in the event of their arrest/ surrender within a period of six weeks from today shall be enlarged on bail on furnishing bail bond of Rs. 10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of Chief Judicial Magistrate, East Champaran, Motihari in connection with Harsidhi PS case No. 305/ 2021, subject to conditions laid down u/s 438(2) of the Cr. P. C.

(Prabhat Kumar Singh, J) BKS/- U T