Patna High CourtCR. MISC./12444/2023allowed

Champa Devi v. The State Of Bihar

2023-05-11Mr. Justice Anjani Kumar Sharan2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.12444 of 2023 Arising Out of PS. Case No.-68 Year-2022 Thana- SANOKHAR District- Bhagalpur ====================================================== 1.

CHAMPA DEVI WIFE OF PRAKASH SAH @ JAY PRAKASH SAH R/O VILL.- MADARGANJ, P.O.- MADARGANJ, P.S.- SANOKHAR (AMDANDA), DISTT.- BHAGALPUR 2.

PRAKASH SAH @ JAY PRAKASH SAH SON OF LATE GAJADHAR SAH R/O VILL.- MADARGANJ, P.O.- MADARGANJ, P.S.- SANOKHAR (AMDANDA), DISTT.- BHAGALPUR 3.

ABHISHEK SAH @ ABHISHEK KUMAR SON OF PRAKASH SAH @ JAY PRAKASH SAH R/O VILL.- MADARGANJ, P.O.- MADARGANJ, P.S.- SANOKHAR (AMDANDA), DISTT.- BHAGALPUR 4.

PRITEE KUMARI @ PAYAL PRIYA D/O PRAKASH SAH @ JAY PRAKASH SAH R/O VILL.- MADARGANJ, P.O.- MADARGANJ, P.S.- SANOKHAR (AMDANDA), DISTT.- BHAGALPUR ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Dilip Kumar, Adv.

For the Opposite Party/s :

Mr.Pranav Kumar, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE ANJANI KUMAR SHARAN ORAL ORDER 11-05-2023 Heard learned counsel for the petitioners and learned APP for the State.

The petitioners apprehend their arrest in a case registered for the offence punishable u/s 304(B)/34 of the IPC. The F.I.R. named accused persons including the petitioners are alleged to have killed the daughter of the informant for non-fulfillment of demand of dowry. It is submitted by learned counsel for the petitioners that petitioners are quite innocent and have committed no offence.

Patna High Court CR. MISC. No.12444 of 2023(2) dt.11-05-2023 2/2 They have been falsely implicated in this case due to grudge. No such occurrence, in the manner as alleged, has ever taken place. Petitioners are the in-laws of the deceased. The allegation leveled against the petitioners is not specific rather general and omnibus in nature. Husband of the deceased is already in judicial custody. Petitioners have no criminal antecedent. Learned APP for the State opposed the prayer for bail. Having regard to the facts and circumstances of the case, since the husband of the deceased is in 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 court below where the case is pending/Successor Court in connection with Sanokhar (Amdanda) P.S. Case No.68 of 2022, subject to the conditions as laid down under Section 438(2) of the Cr.P.C.