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Patna High CourtCR. MISC./15533/2024allowed

Meera Devi v. The State Of Bihar

2024-03-19Mr. Justice Sunil Dutta Mishra3 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.15533 of 2024 Arising Out of PS. Case No.-361 Year-2023 Thana- UDWANTNAGAR District- Bhojpur ====================================================== 1.

Meera Devi W/o Suraj Mahto R/o Vill - Balwan Tola, P.S. - Doriganj, Dist. - Chhapra (Saran) 2.

Suraj Mahto S/o Janak Mahto R/o Vill - Balwan Tola, P.S. - Doriganj, Dist. - Chhapra (Saran) ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Shiv Prasad Gupta, Advocate For the Opposite Party/s :

Mr. Braj Kishore Pd., APP For the Informant :

Ms. Malti Kumari, Advocate ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL DUTTA MISHRA ORAL ORDER 19-03-2024 Heard learned counsel for the petitioners, learned A.P.P. for the State and learned counsel for the informant.

2. The petitioners apprehend their arrest in connection with Udwantnagar P.S. Case No. 361 of 2023 instituted under Sections 304(B) and 34 of the Indian Penal Code.

3. As per the prosecution case, the marriage of the daughter of the informant was solemnized with one Vikash

Patna High Court CR. MISC. No.15533 of 2024(2) dt.19-03-2024 2/3 Kumar. It is further alleged that due to non-fulfillment of illegal demand of dowry, the petitioners and other accused persons killed the daughter of the informant.

4. Learned counsel for the petitioners submits that the petitioners are Mausi and Mausa of husband of the deceased who have no concern with the family affairs of deceased and her husband and they are innocent and have been falsely implicated in this case. He further submits that the petitioners have never assaulted and demanded dowry from the deceased. Petitioners have no criminal antecedent. He also submits that similarly situated co-accused persons, namely, Kiran Devi and Dhani Prasad who are mother-in-law and father-in-law of the deceased have already been granted anticipatory bail by the co-ordinate Bench of this Court vide order dated 24.01.2024 passed in Cr. Misc. No. 83874 of 2023.

5. Learned A.P.P. for the State and learned counsel for the Informant vehemently oppose the prayer for anticipatory bail.

6. Considering the facts and circumstances of the case and submissions of learned counsel for the parties, in the event of arrest or surrender before the Court below within six weeks from today, the petitioners be released on bail upon furnishing

Patna High Court CR. MISC. No.15533 of 2024(2) dt.19-03-2024 3/3 bail bonds of Rs. 10,000/- (ten thousand) each with two sureties of the like amount to each to the satisfaction of the learned Chief Judicial Magistrate, Bhojpur at Ara in connection with Udwantnagar P.S. Case No. 361 of 2023, subject to the conditions laid down in Section 438(2) of the Code of Criminal Procedure, 1973.

(Sunil Dutta Mishra, J) ashishkr/- U T