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Patna High CourtCR. MISC./13342/2023allowed

Urmila Devi v. The State Of Bihar

2023-06-20Mr. Justice Anjani Kumar Sharan3 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.13342 of 2023 Arising Out of PS. Case No.-325 Year-2019 Thana- KANTI District- Muzaffarpur ====================================================== 1.

URMILA DEVI WIFE OF SRI DASHRATH MAHTO R/O VILLAGEGODAI FULKAHA, P.S.- KANTI, DISTRICT- MUZAFFARPUR 2.

DASHRATH MAHTO SON OF LATE SINGHESHWAR MAHTO R/O VILLAGE- GODAI FULKAHA, P.S.- KANTI, DISTRICTMUZAFFARPUR 3.

SIMA DEVI WIFE OF SHIVSHANKAR MAHTO R/O VILLAGEKASBA MAHESHI, P.S.- MAHESHI, DISTRICT- EAST CHAMPARAN ... ... Petitioners.

Versus

THE STATE OF BIHAR.

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

For the Petitioner/s :

Mr. Ajay Kumar Thakur, Advocate Mrs. Vaishnavi Singh, Advocate For the Opposite Party/s :

Mr. Uma Shankar Prasad Singh, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE ANJANI KUMAR SHARAN ORAL ORDER 20-06-2023 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 Sections 304B & 201/34 of the Indian Penal Code.

The petitioners in association of other co-accused are said to have killed the sister of the informant on nonfulfillment of demand dowry. It is submitted by learned counsel for the

Patna High Court CR. MISC. No.13342 of 2023(3) dt.20-06-2023 2/3 petitioners that no such occurrence as alleged ever took place. Petitioners have been falsely implicated in this case as they are in-laws of the deceased. The allegation levelled against the petitioners is not specific rather general and omnibus in nature. Petitioner nos.1 & 2 are the old father-in-law and mother-inlaw, whereas petitioner no.3 is the married sister-in-law (Nanad). After the marriage of the elder son, petitioner nos.1 & 2 are living separtey and are residing with their younger son. They have no concern with the husband of the deceased. It is further submitted that the husband of the deceased is already in judicial custody as mentioned in para-2 of the supplementary affidavit. Petitioners have no criminal antecedent as mentioned in para-3 of this application.

Having regard to the facts and circumstances of the case as well as the fact that the petitioners are in-laws of the deceased and the husband of the deceased is already in judicial custody, 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 sureties of the like amount each to the satisfaction of the learned lower Court where the case is pending/successor

Patna High Court CR. MISC. No.13342 of 2023(3) dt.20-06-2023 3/3 Court in connection with Kanti (Panapur O.P.) P.S. Case No.325 of 2019, subject to the condition as laid down under Section 438

(2) of the Cr.P.C.

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