Mano Devi v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.5448 of 2022 Arising Out of PS. Case No.-224 Year-2021 Thana- NARDIGANJ District- Nawada ====================================================== 1.

MANO DEVI W/o Krishna Chauhan R/o village- Dalepur Beldari, P.S.- Nardiganj, District- Nawada 2.

KRISHNA CHAUHAN S/o Late Jiwal Chauhan R/o village- Dalepur Beldari, P.S.- Nardiganj, District- Nawada 3.

SONU CHAUHAN S/o Krishna Chauhan R/o village- Dalepur Beldari, P.S.- Nardiganj, District- Nawada 4.

DASRATH CHAUHAN S/o Dewraj Chauhan R/o village- Dalepur Beldari, P.S.- Nardiganj, District- Nawada ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Pramod Kumar Verma For the Opposite Party/s :

Mr. Yogendra Kumar ====================================================== CORAM: HONOURABLE MR. JUSTICE ANJANI KUMAR SHARAN ORAL ORDER 05-09-2022 Heard learned counsel for the petitioners and learned APP for the State.

Learned counsel for the petitioners seek permission to withdraw this application as against petitioner no. 1 and 4, as they have been apprehended by the police during pendency of this application.

Permission is granted.

Accordingly, the instant application as against petitioner no. 1 and 4 is dismissed as withdrawn.

Now, this application is being heard with regard to

Patna High Court CR. MISC. No.5448 of 2022(4) dt.05-09-2022 2/3 petitioner nos.2 and 3 only.

The petitioners apprehend their arrest in a case registered for the offence punishable under section 304B, 201/34 of the Indian Penal Code.

Allegedly, the petitioners assaulted the daughter of the informant on the account of non-fulfillment of dowry. It is also alleged that all the accused persons including the petitioners killed the daughter of the informant and disposed of her dead body.

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. No 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. There is no specific overt act against the petitioners. Petitioner no.2 is the brother-in-law of the deceased and petitioner no.3 is the father-in-law of the deceased. The petitioners were living separate from the deceased. Petitioners have no criminal antecedent. Learned APP for the State opposed the prayer for anticipatory bail.

Having regard to the facts and circumstances of the case,

Patna High Court CR. MISC. No.5448 of 2022(4) dt.05-09-2022 3/3 since there is no specific overt act against the petitioners, let the above named petitioner nos. 2 and 3 be released on bail, in the event of her 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 Nardiganj P.S. Case No.224 of 2021, subject to the conditions as laid down under Section 438(2) of the Cr.P.C. (Anjani Kumar Sharan, J) shikha/- U T