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Patna High CourtCR. MISC./7895/2022allowed

Dulariya Devi v. The State Of Bihar

2022-08-01Mr. Justice Anjani Kumar Sharan2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.7895 of 2022 Arising Out of PS. Case No.-439 Year-2020 Thana- SHERGHATI District- Gaya ====================================================== 1.

Dulariya Devi W/o Vijay Chaudhary Resident of Village- Baniyadih, P.s.- Sherghati, District- Gaya.

2.

Karu Chaudhary @ Pappu Chaudhary S/o Vijay Chaudhary Resident of Village- Baniyadih, P.s.- Sherghati, District- Gaya. ... ... Petitioner/s

Versus

The State of Bihar.

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

For the Petitioner/s :

Mr. Ravindra Kumar Sinha For the Opposite Party/s :

Ms. Madhuri Lata ====================================================== CORAM: HONOURABLE MR. JUSTICE ANJANI KUMAR SHARAN ORAL ORDER 01-08-2022 Heard learned counsel for the petitioners and learned APP for the State.

The petitioners apprehend their arrest in Sherghati P.S. Case No.439 of 2020 (wrongly mentioned as Sherghati P.S. Case No.439 of 2021 in the prayer portion of the bail application), registered for the offences punishable under Sections 304(B) and 34 of the Indian Penal Code. The petitioners are said to have killed the daughter of the informant for non-fulfillment of demand of additional dowry.

Learned counsel for the petitioners submits that the petitioners are innocent and have falsely been implicated in the present case. There is general and omnibus allegation against

Patna High Court CR. MISC. No.7895 of 2022(2) dt.01-08-2022 2/2 the petitioners. It is further submitted that petitioner no.1 is mother-in-law and petitioner no.2 is devar of the deceased. It is also submitted that the husband of the deceased is already in judicial custody. It is lastly submitted that the petitioners have got no criminal antecedent as stated in paragraph-3 of the bail petition.

The learned APP for the State opposed the prayer for anticipatory bail of the petitioners.

Taking into consideration the fact that there is general and omnibus allegation against the petitioners, 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.-X, Sherghati, District Gaya in connection with Sherghati P.S. Case No.439 of 2020, subject to the conditions laid down under Section 438(2) of the Code of Criminal Procedure.

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