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Patna High CourtCR. MISC./10536/2023allowed

Sonelal Sah v. The State Of Bihar

2023-04-24Mr. Justice Anjani Kumar Sharan3 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.10536 of 2023 Arising Out of PS. Case No.-200 Year-2021 Thana- RAJEPUR District- East Champaran ====================================================== 1.

SONELAL SAH SON OF LATE ANUP SAH R/O VILLAGELAHLADPUR, P.S.- RAJEPUR, DISTRICT- EAST CHAMPARAN 2.

RINA DEVI WIFE OF SONELAL SAH R/O VILLAGE- LAHLADPUR, P.S.- RAJEPUR, DISTRICT- EAST CHAMPARAN 3.

PANKAJ KUMAR SON OF SONELAL SINGH R/O VILLAGELAHLADPUR, P.S.- RAJEPUR, DISTRICT- EAST CHAMPARAN 4.

AMAN KUMAR SON OF SONELAL SINGH R/O VILLAGELAHLADPUR, P.S.- RAJEPUR, DISTRICT- EAST CHAMPARAN 5.

RABINA KUMARI D/O SONELAL SAH R/O VILLAGE- LAHLADPUR, P.S.- RAJEPUR, DISTRICT- EAST CHAMPARAN ... ... Petitioners.

Versus

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

For the Petitioner/s :

Mr. Arvind Kumar Singh For the Opposite Party/s :

Mr. Gauri Shankar Gupta ====================================================== CORAM: HONOURABLE MR. JUSTICE ANJANI KUMAR SHARAN ORAL ORDER 24-04-2023 Heard learned counsel for the petitioners and learned A.P.P. for the State.

The petitioners apprehend their arrest in a case registered for the offences punishable under Section 304B/34 of the Indian Penal Code.

There is allegation that all the F.I.R. named persons including these petitioners in furtherance of common intention is said to have committed murder of the niece of the informant over non-fulfillment of demand of dowry.

Patna High Court CR. MISC. No.10536 of 2023(2) dt.24-04-2023 2/3 It is submitted by learned counsel for the petitioners that no such occurrence as alleged ever took place. Petitioners have been falsely implicated in this case. The allegation levelled against the petitioners is not specific rather general and omnibus in nature. As a matter of fact, deceased Lilam Devi was suffering from diarrhea and during course of treatment at S.K.M.C.H., Muzaffarpur she died in presence of her Naihar people. The petitioners are in-laws and family members of the deceased. It is further submitted that the husband of the deceased is already in judicial custody. Petitioners have no criminal antecedent as mentioned in para-3 of this application.

Having regard to the facts and circumstances of the case, 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 lower Court where the case is pending/successor Court in connection with Rajepur P.S. Case No.200 of 2021, subject to the condition as laid down under Section 438 (2) of the Cr.P.C. The learned Court below is directed to accept the bail

Patna High Court CR. MISC. No.10536 of 2023(2) dt.24-04-2023 3/3 bond of the petitioner after satisfying itself that the husband of the deceased is already in judicial custody, as submitted by learned counsel for the petitioners. .

(Anjani Kumar Sharan, J) Trivedi/- U T