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Patna High CourtCR. MISC./15783/2023allowed

Champa Devi v. The State Of Bihar

2023-05-17Mr. Justice Anjani Kumar Sharan2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.15783 of 2023 Arising Out of PS. Case No.-425 Year-2022 Thana- JOKIHAT District- Araria ====================================================== 1.

Champa Devi Wife Of Late Suren Thakur Village- Aamachhi Ward No-08, Ps- Jokihat (Mahalgaon) Araria 2.

Rani Devi Wife Of Anil Thakur Village- Aamachhi Ward No-08, Ps- Jokihat (Mahalgaon) Araria 3.

Anil Thakur Son Of Suren Thakur Village- Aamachhi Ward No-08, PsJokihat (Mahalgaon) Araria 4.

Pawan Thakur Son Of Late Suren Thakur Village- Aamachhi Ward No-08, Ps- Jokihat (Mahalgaon) Araria ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Ramesh Kumar Singh For the Opposite Party/s :

Mr. Rana Randhir Singh ====================================================== CORAM: HONOURABLE MR. JUSTICE ANJANI KUMAR SHARAN ORAL ORDER 17-05-2023 Heard learned counsel for the petitioners and learned A.P.P. for the State.

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

As per the prosecution case, allegation against the petitioners is that they along with other accused person committed murder of the informant's daughter due to nonfulfillment of dowry demand. Learned counsel for the petitioners submits that no such occurrence as alleged ever took place. Petitioners have been falsely implicated in this case. The allegation levelled

Patna High Court CR. MISC. No.15783 of 2023(2) dt.17-05-2023 2/2 against the petitioners is not specific rather general and omnibus in nature. Petitioner no. 1 is mother-in-law, petitioner no. 2 is sister-in-law and petitioners no. 3 and 4 are brother-inlaw of the deceased. The husband of the deceased is already in judicial custody as mentioned in para-15 of the bail application. Petitioners have no criminal antecedent as mentioned in para-3 of this application.

Learned APP for the State opposes prayer for anticipatory bail.

Having regard to the facts and circumstances of the case and the fact that there is no specific overt act against the petitioners, 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 Jokihat (Mahalgaon) P.S. Case No.425 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