Puspgandha Devi v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.7789 of 2023 Arising Out of PS. Case No.-173 Year-2022 Thana- KHANPURA District- Samastipur ====================================================== 1.

PUSPGANDHA DEVI WIDOW OF LATE AMAR SHANKAR JHA R/O NATHUDWAR, P.S.- KHANPUR, DISTT.- SAMASTIPUR 2.

KANCHAN KUMARI D/O LATE AMAR SHANKAR JHA R/O NATHUDWAR, P.S.- KHANPUR, DISTT.- SAMASTIPUR 3.

ABHISHEKH KUMAR SON OF LATE AMAR SHANKAR JHA R/O NATHUDWAR, P.S.- KHANPUR, DISTT.- SAMASTIPUR ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Bimlesh Kumar Pandey, Adv.

For the Opposite Party/s :

Mr. Pawan Kumar Chaurasia, APP Mr. Harshit Griyaghey, Adv.

====================================================== CORAM: HONOURABLE MR. JUSTICE ARVIND SRIVASTAVA ORAL ORDER 12-04-2023 Heard learned counsel for the petitioners and learned counsel for the State.

Petitioners apprehend arrest in connection with Khanpur P.S. Case No. 173 of 2022 registered for the offences under Sections 304B, 201, 498(A) and 34 of the Indian Penal Code and Section 3⁄4 of the Dowry Prohibition Act. Learned counsel for the petitioners submits that petitioner no. 1 is mother-in-law, petitioner no. 2 is nanad and petitioner no. 3 is brother-in-law of the informant. They are innocent and have falsely been implicated in the instant case merely because they are the relatives of husband of the

Patna High Court CR. MISC. No.7789 of 2023(2) dt.12-04-2023 2/2 informant and there is no specific allegation against them. Further submission is that the F.I.R. has been lodged after a delay of one week from the alleged occurrence without there being any explanation for the same. It is also submitted that the petitioners have no criminal antecedent.

Considering the facts and circumstances of the case and the submissions advanced on behalf of the parties, the petitioners, above named are directed to be released on bail, in the event of arrest or surrender before the learned Court below within a period of four weeks from today, on furnishing personal bond to the satisfaction of Judicial Magistrate-I, Samastipur in connection with Khanpur P.S. Case No. 173 of 2022, subject to the conditions as laid down under section 438(2) of the Code of Criminal Procedure.

(Arvind Srivastava, J) anuradha/- U T