Nirmala Devi v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.26316 of 2021 Arising Out of PS. Case No.-384 Year-2020 Thana- HAJIPUR SADAR District- Vaishali ====================================================== 1.

Nirmala Devi W/o Shri Mahesh Ray Resident of Village - Gadai Saray, P.S.- Sadar, Distt.-Vaishali.

2.

Mahesh Ray Son of Devnandan Ray Resident of Village - Gadai Saray, P.S.- Sadar, Distt.-Vaishali.

3.

Shailesh Kumar Son of Not mention Resident of Village - Gadai Saray, P.S.- Sadar, Distt.-Vaishali.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Arun Kumar, Advocate For the Opposite Party/s :

Mr. Yugul Kishore, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL KUMAR PANWAR ORAL ORDER 13-04-2022 At the very outset, learned counsel for the petitioner seeks permission to withdraw the petition of petitioner no.3, namely, Shailesh Kumar who is Dewar of the deceased. Permission is accorded.

Accordingly, the petition of petitioner no.3, namely, Shailesh Kumar is dismissed as withdrawn.

Heard learned counsel for the petitioners no.1 and 2 and learned APP for the State.

The petitioners no.1 and 2 are apprehending their arrest in a case registered for the offences punishable under Sections 304(B), 201 and 120(B) of the IPC.

It is a case of dowry death due to non-fulfilment of dowry demand of Rs.5,00,000/- by the accused persons. It is submitted by learned counsel for the petitioners

Patna High Court CR. MISC. No.26316 of 2021(6) dt.13-04-2022 2/2 that the petitioners have falsely been implicated in this case. He further submits that petitioner no.1 is mother-in-law and petitioner no.2 is father-in-law of the deceased and they have no concern with the mess and business of the deceased and her husband and the husband of the deceased is in judicial custody. Petitioners have got clean antecedent.

Learned APP appearing for the State has opposed the prayer for anticipatory bail.

In the facts and circumstances of the case, let the petitioners, namely, Nirmala Devi and Mahesh Ray in the event of their arrest or surrender before the court below within a period of four weeks from today, be released on anticipatory bail on furnishing bail bonds of Rs. 10,000/- (ten thousand) each with two sureties of the like amount each to the satisfaction of learned CJM, Vaishali (Hajipur) in connection with Hajipur Sadar P.S. Case No. 384 of 2020, subject to the conditions as laid down under Section 438(2) of the Cr.P.C. (Sunil Kumar Panwar, J) Brajesh Kumar/- U T