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Patna High CourtCR. MISC./13099/2023bail granted

Nepo Sah @ Stya Narayan Sah v. The State Of Bihar

2023-07-11Mr. Justice Anjani Kumar Sharan3 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.13099 of 2023 Arising Out of PS. Case No.-540 Year-2022 Thana- BEGUSARAI MUFFASIL DistrictBegusarai ====================================================== 1.

NEPO SAH @ STYA NARAYAN SAH Son of Late Halkhori Sah R/vRajaura, P.S.- Muffasil, District- Begusarai 2.

GAYATRI DEVI Wife of Nepo Sah @ Stya Narayan Sah R/v- Rajaura, P.S.- Muffasil, District- Begusarai 3.

RAIV KUMAR SAH Son of Nepo Sah @ Satya Narayan Sah R/v- Rajaura, P.S.- Muffasil, District- Begusarai 4.

KALPANI DEVI @ KALPANA KUMARI Wife of Rajiv Kumar Sah R/vRajaura, P.S.- Muffasil, District- Begusarai ... ... Petitioner/s

Versus

THE STATE OF BIHAR Bihar ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Sabal Kumar Jha For the Opposite Party/s :

Mr. Sanjay Kumar Tiwary Mr. Rajive Ranjan Singh ====================================================== CORAM: HONOURABLE MR. JUSTICE ANJANI KUMAR SHARAN ORAL ORDER 11-07-2023 Heard learned counsel for the petitioners, learned counsel for the informant as well as learned Additional Public Prosecutor for the State.

Office is directed place the supplementary affidavit on record, filed by the learned counsel for the petitioner on 11.07.2023.

The petitioners apprehend their arrest in a case registered for the offence punishable under Sections 304(B), 201, 34 of the Indian Penal Code.

Patna High Court CR. MISC. No.13099 of 2023(4) dt.11-07-2023 2/3 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 deceased. He submits that the husband of the deceased is in judicial custody and this fact is also stated in the supplementary affidavit. Petitioners have no criminal antecedent, as also mentioned in para-3 of the bail application.

Learned APP for the State as well as learned counsel for the informant opposed the prayer for anticipatory bail. Having regard to the facts and circumstances of the case as the husband of the deceased is 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

Patna High Court CR. MISC. No.13099 of 2023(4) dt.11-07-2023 3/3 court below where the case is pending/Successor Court in connection with Muffasil P.S. Case No.540 of 2022, subject to the conditions as laid down under Section 438(2) of the Cr.P.C. (Anjani Kumar Sharan, J) shikha/- U T