Rita Devi v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.9410 of 2023 Arising Out of PS. Case No.-1030 Year-2022 Thana- BIHTA District- Patna ====================================================== 1.

RITA DEVI Wife of Butan Ray Resident of Village - Khedalpura, P.S.- Bihta, District - Patna.

2.

Butan Yadav Son of Lalu Rai Resident of Village - Khedalpura, P.S.- Bihta, District - Patna.

... ... Petitioner/s

Versus

The State of Bihar.

... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Ram Niwas Prasad For the Opposite Party/s :

Mr.Chandra Sen Prasad Singh ====================================================== CORAM: HONOURABLE MR. JUSTICE ANJANI KUMAR SHARAN ORAL ORDER 20-04-2023 Heard learned counsel for the petitioners and learned APP for the State.

The petitioners apprehend their arrest in connection with Bihta P.S. Case No.1030 of 2022, registered for the offences punishable under Sections 341, 323, 304(B)/34 and 201 of the Indian Penal Code.

The petitioners and other co-accused persons are said to have killed the daughter of the informant for non-fulfillment of demand of dowry. It is also alleged that when the informant alongwith police went to Khedalpura village and apprehended the mother-in-law of the deceased, 40 persons attacked on them and got freed mother-in-law of the deceased from their clutches. Learned counsel for the petitioners submits that the

Patna High Court CR. MISC. No.9410 of 2023(2) dt.20-04-2023 2/2 petitioners are innocent and have falsely been implicated in the present case. The petitioners have got no criminal antecedent as stated in paragraph-3 of the bail petition. It is further submitted that the petitioners are the in-laws of the deceased. The husband of the deceased is already in judicial custody as stated in paragraph-9 of the bail petition. It is further submitted that the allegation against the petitioners are general and omnibus. Learned APP for the State opposed the prayer for grant of anticipatory bail to the petitioners.

Taking into consideration the facts aforesaid, let petitioners, above named, in the event of their arrest or surrender before the learned court below within a period of six weeks from today, be enlarged on bail on furnishing bail bonds of Rs.25,000/- (rupees twenty five thousand) each with two sureties of the like amount each to the satisfaction of learned A.C.J.M., Danapur (Patna) in connection with Bihta P.S. Case No.1030 of 2022, subject to the conditions laid down under Section 438(2) of the Code of Criminal Procedure. (Anjani Kumar Sharan, J) S.