Sanju Devi v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.11626 of 2023 Arising Out of PS. Case No.-436 Year-2021 Thana- MADHAURAH District- Saran ====================================================== SANJU DEVI W/o Mukesh Rai R/o Village- Madhopur, P.S.- Marhowrah, Distt- Saran at Chapra.

... ... Petitioner/s

Versus

The State of Bihar Bihar ... ... Opposite Party/s ====================================================== with CRIMINAL MISCELLANEOUS No. 14597 of 2023 Arising Out of PS. Case No.-436 Year-2021 Thana- MADHAURAH District- Saran ====================================================== SHANTI DEVI Wife of Chandeshwar Rai Resident of village- Madhopur, P.S.- Marhowrah, District- Saran at Chapra ... ... Petitioner/s

Versus

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

(In CRIMINAL MISCELLANEOUS No. 11626 of 2023) For the Petitioner/s :

Mr. Awnish Kumar For the Opposite Party/s :

Mr. Ganesh Prasad Singh (In CRIMINAL MISCELLANEOUS No. 14597 of 2023) For the Petitioner/s :

Mr. Awnish Kumar For the Opposite Party/s :

Mr. Ganesh Prasad Singh ====================================================== CORAM: HONOURABLE MR. JUSTICE ANJANI KUMAR SHARAN ORAL ORDER 11-07-2023 Heard the parties.

As both these bail applications have cropped up from the same police station case number, hence, with consent of parties, they are being heard together and disposed of by this common order.

The petitioners apprehend their arrest in a case registered

Patna High Court CR. MISC. No.11626 of 2023(5) dt.11-07-2023 2/3 for the offence punishable under Sections 302, 304B/34 of the Indian Penal Code.

The allegation against the petitioners is that they killed the daughter of the informant on the pretext of non-fulfillment of demand for dowry.

It is submitted by learned counsel for the petitioners that petitioners are quite innocent and have committed no offence. They have been falsely implicated in this case. No such occurrence, in the manner as alleged, has ever taken place. The allegation levelled against the petitioners is not specific rather general and omnibus in nature. Petitioners are the in-laws of the petitioners. There is no specific overt act against the petitioners. He further submits that the husband of the deceased has surrendered before the learned Court below on 10.07.2023. Petitioners have no criminal antecedent.

Learned APP for the State as well as learned counsel for the O.P. No.2 opposed the prayer for anticipatory bail. 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

Patna High Court CR. MISC. No.11626 of 2023(5) dt.11-07-2023 3/3 sureties of the like amount each to the satisfaction of the learned court below where the case is pending/Successor Court in connection with Marhowrah P.S. Case No.436 of 2021, subject to the conditions as laid down under Section 438(2) of the Cr.P.C.

However, the learned Court below is directed to verify that whether the husband of the deceased is in judicial custody or not. If the husband of the deceased is not in judicial custody, then the bail bond of the petitioners shall not be accepted by the learned Court below.

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