Dipu Kumar @ Bipu Kumar v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.14590 of 2025 Arising Out of PS. Case No.-439 Year-2024 Thana- MAKHDUMPUR District- Jehanabad ====================================================== 1.
Dipu Kumar @ Bipu Kumar S/O- Ramjanam SINGH Village- Narhanpar Ps- Makhdumpur Dist- Jehanabad 2.
Ramjanam Singh @ Ramjanam Yadav S/o- Late Kailash Yadav VillageNarhanpar Ps- Makhdumpur Dist- Jehanabad 3.
Meena Devi W/o- Ramjanam Singh Village- Narhanpar Ps- Makhdumpur Dist- Jehanabad ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Umesh Kumar, Advocate For the Opposite Party/s :
Mr. Satya Nand Shukla, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE PURNENDU SINGH ORAL ORDER 14-05-2025 Heard Mr. Umesh Kumar, learned counsel appearing on behalf of the petitioners and Mr. Satya Nand Shukla, learned APP appearing on behalf of the State.
2. The petitioners apprehend their arrest in connection with Makhdumpur P.S. Case No. 439 of 2024 registered under Sections 80 of the Bharatiya Nyaya Sanhita (BNS), 2023.
3. As per the allegation made in the FIR, the petitioners, along with other family members, due to nonfulfillment of demand of dowry, had committed murder of the daughter of the informant.
4. Learned counsel appearing on behalf of the
Patna High Court CR. MISC. No.14590 of 2025(3) dt.14-05-2025 2/3 petitioners submits that the petitioners are innocent. The petitioner no.1 is the brother-in-law, petitioner no.2 is the fatherin-law and petitioner no.3 is the mother-in-law of the deceased. Specific allegation is against co-accused (husband of the deceased) Guddu Kumar, who is residing separately from the petitioners. On these grounds, the petitioners seek to be released on bail.
5. Learned APP for the State vehemently opposed the prayer for grant of pre-arrest bail.
6. Having considered the rival submissions made on behalf of the parties, as well as, having perused the case diary, I find that there are minuscule evidences against petitioner nos.1 and 2, I am of the opinion that petitioner nos.1 and 2 have, prima facie, made out a case to be released on pre-arrest bail.
7. The learned District Court is directed to release the petitioner nos.1 and 2 on anticipatory bail, in the event of their arrest or surrender before the learned District Court within a period of four weeks from today, on furnishing bail bond of Rs. 10,000/- (Ten thousand) with two sureties of the like amount each, to the satisfaction of learned Additional Chief Judicial Magistrate -Ist- cum- Sub-Judge-I, Jehanabad/successor Court in connection with Makhdumpur P.S. Case No. 439 of 2024,
Patna High Court CR. MISC. No.14590 of 2025(3) dt.14-05-2025 3/3 subject to the condition as laid down under Section 482(2) of the B.N.S.S.
8. So far as, the petitioner no.3 is concerned, she is mother-in-law of the deceased and her complicity in the crime cannot be ruled out in the alleged murder of the victim/diseased, I am not inclined to grant pre-arrest bail to her. As such, the prearrest bail application of the petitioner no.3 stands rejected.
9. The learned District Court is directed to verify the criminal antecedent of the petitioner nos.1 and 2, as stated in paragraph no. 3 of the bail application. If any other case is pending against the petitioner nos.1 and 2, as what has been stated in paragraph no. 3, this order will lose its force automatically.
10. Accordingly, the present bail petition stands disposed of.
(Purnendu Singh, J) Ashishsingh/- U T