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Patna High CourtCR. MISC./7225/2024bail granted

Bindu Devi @ Anita Devi v. The State Of Bihar

2024-02-22Mr. Justice Anil Kumar Sinha3 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.7225 of 2024 Arising Out of PS. Case No.-340 Year-2022 Thana- PIPRAKOTHI District- East Champaran ====================================================== 1.

BINDU DEVI @ ANITA DEVI W/O CHUMMAN SAHANI R/O VILLAGE- MAJHARIYA, P.S- PIPRAKOTHI, DISTT.- EAST CHAPARAN.

2.

LADDU @ ALOK KUMAR @ LADDU SAHANI @ ALOK KUMAR SAHANI S/O MUNILAL SAHNI R/O VILLAGE- MAJHARIYA, P.SPIPRAKOTHI, DISTT.- EAST CHAPARAN. ... ... Petitioner/s

Versus

THE STATE OF BIHAR ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Abhishek Kumar For the Opposite Party/s :

Mr. Jharkhandi Upadhyay ====================================================== CORAM: HONOURABLE MR. JUSTICE ANIL KUMAR SINHA ORAL ORDER 22-02-2024

1. Heard learned Counsel for the petitioners and learned Additional Public Prosecutor for the State.

2. This application, for grant of anticipatory bail, arises out of Piprakothi Police Station Case No. 340of 2022, dated 25.12.2022, disclosing offences under Sections 304-B/34 of the Indian Penal Code.

3. The prosecution case, as per the First Information Report, is that the petitioners, alongwith other accused persons, killed the sister of the informant due to non-fulfillment of demand of dowry of Rs. 10 lakhs and a motorcycle.

4. Learned Counsel for the petitioners submits that the petitioner no. 1 is the cousin mother-in-law of the

Patna High Court CR. MISC. No.7225 of 2024(2) dt.22-02-2024 2/3 deceased, wherein, the petitioner no. 2 is brother of the husband of the deceased (Dewar). He next submits that the allegations against the petitioners are general and omnibus in nature and mother-in-law and sister-in-law (Nanand) of the deceased have been granted anticipatory bail by a Co-ordinate Bench of this Court in Criminal Miscellaneous No. 49470 of 2023.

5. Having regard to the submissions made on behalf of the parties and taking into consideration the fact that motherin-law and sister-in-law (Nanand) of the deceased have been granted anticipatory bail by a Co-ordinate Bench of this Court and the petitioner no. 1 is cousin mother-in-law of the deceased and petitioner no. 2 is brother of the deceased's husband, I am inclined to grant the petitioners privilege of anticipatory bail.

6. This application is, accordingly, allowed.

7. Let the petitioners, above named, in the event of their arrest or surrender before the Court below within four weeks, be released on bail on furnishing bail bond of Rs. 10,000/- (Ten Thousand) with two sureties of the like amount each to the satisfaction of learned Judicial Magistrate 1st Class, Motihari, East Champaran, in

Patna High Court CR. MISC. No.7225 of 2024(2) dt.22-02-2024 3/3 connection with Piprakothi Police Station Case No. 340 of 2022, subject to the condition laid down under Section 438 (2) of the Code of Criminal Procedure.

(Anil Kumar Sinha, J) ashwani/- U T