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Patna High CourtCR. MISC./17116/2024bail granted

Munni Devi v. The State Of Bihar

2024-03-14Mr. Justice Nawneet Kumar Pandey2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.17116 of 2024 Arising Out of PS. Case No.-1340 Year-2023 Thana- KAHALGAON District- Bhagalpur ====================================================== 1.

Munni Devi wife of Mithilesh Singh Village- Nandlalpur Ps- Kahalgaon Dist- Bhagalpur 2.

Mithilesh Singh son of Patiram Singh @ Ram Singh Village- Nandlalpur PsKahalgaon Dist- Bhagalpur 3.

Patiram Singh @ Ram Singh son of Late Pukar singh Village- Nandlalpur Ps- Kahalgaon Dist- Bhagalpur ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Praveen Kumar For the Opposite Party/s :

Mr.Md. Fahimuddin ====================================================== CORAM: HONOURABLE MR. JUSTICE NAWNEET KUMAR PANDEY ORAL ORDER 14-03-2024 Heard learned counsel for the petitioners and learned APP for the State.

2. The petitioners apprehend their arrest in connection with Kahalgaon P.S. Case No. 1340 of 2023 registered for the offence punishable under Section-304(B)/34 of the Indian Penal Code.

3. Allegation against the accused persons including the petitioners is of torturing and causing death of the deceased for non-fulfillment of demand of dowry.

4. It has been submitted on behalf of the petitioners that the petitioners are innocent and have falsely been implicated in the present case. The petitioner Nos. 1, 2 & 3 are sister-in-law (Gotani), brother-in-law (Dewar) and father-in-law of the deceased respectively. They have got no concern with

Patna High Court CR. MISC. No.17116 of 2024(2) dt.14-03-2024 2/2 day-to-day affairs of the couple. Learned counsel for the petitioners has submitted further that FIR itself shows that the allegation of demand of dowry and inflicting atrocities on the victim is only against Nitesh Singh, husband of the deceased and, not against the petitioners. Petitioners are the persons of clean antecedents and there is no allegation against them either of demand of dowry or of inflicting atrocities upon the deceased.

5. Learned APP appearing for the State opposed the prayer for grant of anticipatory bail.

6. Considering the above-mentioned facts and circumstances of the case, let the petitioners named above, in the event of their arrest or surrender within a period of four weeks be released on bail on furnishing bail bond of Rs. 10,000/- (ten thousand) each with two sureties of the like amount each to the satisfaction of learned Chief Judicial Magistrate, Bhagalpur in connection with Kahalgaon P.S. Case No. 1340 of 2023 subject to the conditions as laid down under Section 438 of the Cr.P.C.

(Nawneet Kumar Pandey, J) A.K.V.//- U T