← Library
Patna High CourtCR. MISC./14019/2022bail granted

Jhalmunni Kumari v. The State Of Bihar

2022-04-01Mr. Justice Sudhir Singh3 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.14019 of 2022 Arising Out of PS. Case No.-305 Year-2021 Thana- BARHARA District- Bhojpur ====================================================== 1.

JHALMUNNI KUMARI D/o Satrohan Bin Resident of Village - Chatar, P.s.- Barahara, Distt.- Bhojpur.

2.

Lalti Kumari D/o Satrohan Bin Resident of Village - Chatar, P.s.- Barahara, Distt.- Bhojpur.

3.

Rubi Devi W/o Sanoj Mahato @ Sunil Mahato Resident of Village - Chatar, P.s.- Barahara, Distt.- Bhojpur. At present residing at Village - Bardi Chhapra, P.s.- Maner, Distt.- Patna.

4.

Sanoj Mahato @ Sunil Mahato Son of Rajnandan Mahato residing at Village - Bardi Chhapra, P.s.- Maner, Distt.- Patna.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Bishwajeet Pandey, Advocate For the Opposite Party/s :

Mr.Satyendra Narayan Singh, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE SUDHIR SINGH ORAL ORDER 01-04-2022 Heard learned counsel for the petitioners and learned APP for the State through virtual mode.

Learned Counsel for the petitioners is directed to remove the defect(s), as pointed out by the office, within a period of four weeks.

The petitioners are apprehending their arrest in a case registered under Sections 304(B), 201/34 of the Indian Penal Code.

Allegation is that the accused persons including the petitioners caused death of the daughter of the informant due to

Patna High Court CR. MISC. No.14019 of 2022(2) dt.01-04-2022 2/3 non-fulfilment of demand of dowry.

It has been submitted on behalf of the petitioners that the petitioners have got no criminal antecedent and there is no allegation of tampering of witnesses alleged against the petitioners. The petitioners have falsely been implicated in this case. The petitioner Nos.1 and 2 are sister-in-law of the deceased, petitioner No.3 is married sister-in-law of the deceased and petitioner No.4 is husband of petitioner No.3. They are separate in mess and property from the husband of the deceased. The petitioners have got no concern with the alleged occurrence. Subsequently a petition has been filed by the informant in the court below, where he has retracted from the earlier statement made in the F.I.R. Said application is Annexure 3 to the present application.

On behalf of the State, it is submitted that the petitioner Nos.1 and 2 are named in the F.I.R. and petitioner Nos.3 and 4 are not named in the F.I.R.

Considering the facts and circumstances of the case, the petitioners, above named, in the event of arrest or surrender before the learned court below within a period of twelve weeks

Patna High Court CR. MISC. No.14019 of 2022(2) dt.01-04-2022 3/3 from today, be released on anticipatory bail on furnishing bail bonds of Rs.10,000/- (Rupees ten thousand) with two sureties of the like amount each to the satisfaction of learned Chief Judicial Magistrate, Bhojpur (Ara) in connection with Barhara P.S. case No.305/21 corresponding to G.R. No.2671/21, subject to the conditions as laid down under Section 438(2) of the Code of Criminal Procedure.

(Sudhir Singh, J) Narendra/- U T