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Patna High Court/6350/2023allowed

Gulab Sah v. The State Of Bihar

2023-04-11Mr. Justice Sunil Kumar Panwar3 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.6350 of 2023 Arising Out of PS. Case No.-292 Year-2022 Thana- BHELDI District- Saran ====================================================== 1.

Gulab Sah Son Of Late Laddu Sah R/O Vill.- Jogni Parsa, P.S.- Bheldi, Distt.- Saran At Chapra 2.

Gadauri Devi @ Godabari Devi Wife Of Gulab Sah R/O Vill.- Jogni Parsa, P.S.- Bheldi, Distt.- Saran At Chapra ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Vijay Kumar For the Opposite Party/s :

Mr.Anil Kumar ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL KUMAR PANWAR ORAL ORDER 11-04-2023 Heard learned counsel for the petitioners and learned APP for the State.

The petitioners have filed the instant application for grant of regular bail in a case registered for the offences punishable under Sections 304(B)/34 of the Indian Penal Code.

It is a case of dowry death due to non fulfillment of dowry demand. Petitioners are father-inlaw and mother-in-law of the deceased. It is submitted by learned counsel for the petitioners that the petitioners are innocent and they

Patna High Court CR. MISC. No.6350 of 2023(2) dt.11-04-2023 2/3 have committed no offence. They have falsely been implicated in the present case. It is further submitted that petitioners are father-in-law and mother-in-law of the deceased and they have no concern with the mess and business of the deceased as well as her husband. It is further submitted that husband of the deceased is already in judicial custody. Moreover, the petitioners are languishing in judicial custody since 13.08.2022. A statement has been made in para 3 of the petition that petitioners have no criminal antecedent.

Learned APP appearing for the State has vehemently opposed the prayer for Bail.

Having heard learned counsel for the parties and taking into consideration the facts and circumstances of the case as well as period of custody, this Court is inclined to enlarge the petitioners on bail. The above named petitioners are directed to be enlarged on bail in connection with Bheldi P.S. Case No. 292 of 2022 on furnishing bail bond of Rs. 10,000/- (Rupees

Patna High Court CR. MISC. No.6350 of 2023(2) dt.11-04-2023 3/3 ten thousand) each with two sureties of the like amount each to the satisfaction of the learned Judicial Magistrate 1st Class, Saran, Chapra.

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