Ram Dayal Sah v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.14319 of 2024 Arising Out of PS. Case No.-21 Year-2023 Thana- MAHILA P.S. District- Vaishali ====================================================== 1.

Ram Dayal Sah son of Late Rameshwar Sah Village- Shankarpur Ps- Mahua Dist- Vaishali 2.

Sijanki Devi wife of Ram Dayal Sah Village- Shankarpur Ps- Mahua DistVaishali 3.

Dipu Kumar son of Ram Dayal Sah Village- Shankarpur Ps- Mahua DistVaishali ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Hemant Kumar, Advocate For the Opposite Party/s :

Mr. Shyam Bihari Singh, A.P.P.

====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH ORAL ORDER 03-04-2024 Heard learned counsel for the petitioners and the State.

2. Petitioners apprehend arrest in a case registered for the offences punishable under Sections 341, 323, 498(A), 307, 377, 504, 506/34 of the Indian Penal Code and Sections 3/4 of the Dowry Prohibition Act to which Section 304(B) of the Indian Penal Code was added later on.

3. It is a case of dowry death.

4. Petitioner No. 1 is father-in-law, petitioner No. 2 is mother-in-law and petitioner No. 3 is brother-in-law of the deceased.

Patna High Court CR. MISC. No.14319 of 2024(3) dt.03-04-2024 2/2

5. It is submitted that there is general and omnibus allegation against these petitioners. Petitioners are separate in mess and property and they are not concerned with the family affairs of the deceased. Moreover, thrust of accusation is against husband of the deceased who is already in custody. Petitioners claim clean antecedent.

6. Learned A.P.P. for the State vehemently opposes the bail application.

7. Considering the nature of accusation and the fact that thrust of accusation is against husband of the deceased who is already in custody, this anticipatory bail is allowed and it is ordered that let the above named petitioners in the event of their arrest/surrender before the court below within a period of six weeks from today, be enlarged on bail on furnishing bail-bond of Rs. 10,000/- (ten thousand) each with two sureties of the like amount each to the satisfaction of Chief Judicial Magistrate, Vaishali at Hajipur in connection with Mahila P. S. Case No. 21 of 2023, subject to condition as laid down under Section 438(2) of the Code of Criminal Procedure.

(Prabhat Kumar Singh, J) Navya/- U T