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Patna High CourtCR. MISC./10269/2020allowed

Kismatiya Devi v. The State Of Bihar

2021-12-06Mr. Justice Anjani Kumar Sharan2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.10269 of 2020 Arising Out of PS. Case No.-367 Year-2019 Thana- SARAI District- Vaishali ====================================================== 1.

KISMATIYA DEVI W/o Rampravesh Paswan Resident of Village - Akhtiyarpur Patedha, P.S.- Sarai, Dist.- Vaishali. 2.

Rampravesh Paswan Son of Bhagai Paswan Resident of Village - Akhtiyarpur Patedha, P.S.- Sarai, Dist.- Vaishali. 3.

Amit Kumar Son of Rampravesh Paswan Resident of Village - Akhtiyarpur Patedha, P.S.- Sarai, Dist.- Vaishali.

... ... Petitioner/s

Versus

The State of Bihar.

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

For the Petitioner/s :

Mrs. Rina Sinha For the Opposite Party/s :

Mr. Prem Kumar Jha ====================================================== CORAM: HONOURABLE MR. JUSTICE ANJANI KUMAR SHARAN ORAL ORDER 06-12-2021 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/ 201/34 of the Indian Penal Code.

The petitioners in association of their family members are to have killed the daughter of the informant on non fulfillment of demand of dowry.

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 as they are

Patna High Court CR. MISC. No.10269 of 2020(5) dt.06-12-2021 2/2 in-laws of the deceased. The allegation levelled against the petitioners is not specific rather general and omnibus in nature. By way of filing supplementary affidavit, learned counsel for the petitioner has brought on record that the husband of the deceased has surrendered on 24.09.2020. Petitioners have no criminal antecedent.

Having regard to the facts and circumstances of the case, let the above named petitioner nos.1 & 3, 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 Sarai P.S. Case No.367 of 2019, subject to the condition as laid down under Section 438 (2) of the Cr.P.C.

(Anjani Kumar Sharan, J) Trivedi/- U