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Patna High CourtCR. MISC./16643/2024allowed

Khushboo Kumari v. The State Of Bihar

2024-03-14Mr. Justice Anjani Kumar Sharan2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.16643 of 2024 Arising Out of PS. Case No.-109 Year-2022 Thana- SARMERA District- Nalanda ====================================================== 1.

Khushboo Kumari Daughter Of Ram Uday Chauhan Resident Of Village - Hisua (WEST Tola), P.S. - Sarmora, District - Nalanda 2.

Ram Bihari Chauhan Son Of Dwarika Chauhan Resident Of Village - Hisua (WEST Tola), P.S. - Sarmora, District - Nalanda ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Anuj Kumar For the Opposite Party/s :

Mr.Bhanu Pratap Singh ====================================================== CORAM: HONOURABLE MR. JUSTICE ANJANI KUMAR SHARAN ORAL ORDER 14-03-2024 Heard learned counsel for the petitioners and learned A.P.P. for the State.

2. The petitioners apprehend their arrest in a case registered for the offences punishable under Sections 304B/34 of the Indian Penal Code.

3. As per the prosecution case, the petitioner along with other co-accused persons are said to have killed the daughter of the informant due to non-fulfillment of dowry demand.

4. Learned counsel for the petitioners submits that petitioners are innocent and have been falsely implicated in this case. The allegation levelled against the petitioners is not

Patna High Court CR. MISC. No.16643 of 2024(2) dt.14-03-2024 2/2 specific rather general and omnibus in nature. He submits that the petitioner no. 1 unmarried nanad of the deceased and petitioner no. 2 is cousin father-in-law of the deceased. He further submits that, as mentioned in para 9, the husband of the deceased is already in judicial custody. Petitioners have no criminal antecedent as mentioned in para-3 of this application.

5. Learned APP for the State opposes prayer for anticipatory bail.

6. Having regard to the facts and circumstances of the case 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 Court in connection with Hisua P.S. Case No.109 of 2022, subject to the condition as laid down under Section 438 (2) of the Cr.P.C.

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