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Patna High CourtCR. MISC./6209/2023allowed

Champa Devi v. The State Of Bihar

2023-07-04Mr. Justice Anjani Kumar Sharan2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.6209 of 2023 Arising Out of PS. Case No.-142 Year-2022 Thana- PIPRAKOTHI District- East Champaran ====================================================== 1.

CHAMPA DEVI Daughter of Ganesh Prasad Resident of Village - Chakardhe, P.S.- Piprakothi, District - East Champaran 2.

Shail Devi Wife of Ajay Prasad Resident of Village - Chakardhe, P.S.- Piprakothi, District - East Champaran 3.

Ajay Prasad Son of Ganesh Prasad Resident of Village - Chakardhe, P.S.- Piprakothi, District - East Champaran 4.

Chandan Prasad @ Chandan Kumar Son of Ganesh Prasad Resident of Village - Chakardhe, P.S.- Piprakothi, 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 :

Mrs.Madhuri Lata ====================================================== CORAM: HONOURABLE MR. JUSTICE ANJANI KUMAR SHARAN ORAL ORDER 04-07-2023 Heard learned counsel for the petitioners and learned APP for the State.

The petitioners apprehend their arrest in a case registered for the offence punishable u/s 304(B), 120B, 34 of the IPC. As per the prosecution case, sister of the informant has been killed by F.I.R. named accused persons including the petitioners (in-laws of the deceased) due to non-fulfillment of demand of dowry.

It is submitted by learned counsel for the petitioners that petitioners are quite innocent and have committed no offence.

Patna High Court CR. MISC. No.6209 of 2023(3) dt.04-07-2023 2/2 They have been falsely implicated in this case due to grudge. 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. They have never made any dowry demand and they were living separately from the deceased. It is further submitted that petitioners are the in-laws of the deceased and husband of the deceased is already in judicial custody. Petitioners have no criminal antecedent. Learned APP for the State opposed the prayer for bail.

Having regard to the facts and circumstances of the case, since husband of the deceased is already in custody, let the above named petitioners, be released on bail, in the event of their 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 connection with Piprakothi P.S. Case No.142 of 2022, subject to the conditions as laid down under Section 438(2) of the Cr.P.C.